The State Of Madhya Pradesh vs Kalyan Singh Yadav
2025 Latest Caselaw 3239 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Kalyan Singh Yadav on 23 January, 2025

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

          NEUTRAL CITATION NO. 2025:MPHC-GWL:1420




                                                             1                                WA-1766-2024
                             IN    THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                          &
                                     HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                ON THE 23 rd OF JANUARY, 2025
                                                 WRIT APPEAL No. 1766 of 2024
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                                                       Versus
                                                KALYAN SINGH YADAV
                          Appearance:
                                Shri Sohit Mishra - GA appearing on behalf of State/petitioner.
                                Shri Ashwani Mishra, - Advocate for the respondent [R-1].

                                                              ORDER

Per: Justice Milind Ramesh Phadke The instant writ appeal under Section 2(1) of Madhya Pradesh Uchha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been directed against the order dated 01.07.2023 passed in W.P. No.14138/2023, whereby learned single Judge had disposed of the said writ petition in the light of the identical case in the matter of State of M.P. vs. Ramkhilawan Singh passed in W.A. No.470/2012 and had directed the respondents to extend the benefit of

encashment of 120 days of earned leave to the petitioner as admissible under M.P. Work Charged and Contingency Paid Employees Leave Rules, 1977.

2. Learned counsel for the appellant has assailed the aforesaid order on the ground that the judgment of Ramkhilawan Singh (supra) was based on an earlier Division Bench judgment passed in the case of Secretary, State of M.P. vs. Smt. Shyama Bai passed in W.A. No.753/2010 and the said judgment had been

NEUTRAL CITATION NO. 2025:MPHC-GWL:1420

2 WA-1766-2024 reviewed by the Division Bench of this Court in the Review Petition No.506/2012 dated 21.07.2014 and since the original order on which the judgment of Ramkhilawan Singh was based has already been reviewed and recalled, the order of Ramkhilawan Singh (supra) was also reviewed and recalled and could not withstand and on its basis since the present order impugned herein has been passed, the same also deserves to be quashed.

3. It was, thus, submitted that the present petition be allowed and the order impugned be set aside and the petition may be restored to its original number for its decision on merits.

4. Learned counsel for the respondent/petitioner could not controvert the aforesaid situation, he candidly admits that the order of Ramkhilawan Singh (supra) which was based on the order of Division Bench in the matter of Smt.

Shyama Bai (supra) since had been recalled, the order passed by learned Single Judge had lost its base.

5. In the light of the aforesaid fact and the legal position, this Court finds that the order passed by learned Single Judge dated 01.07.2023 in W.P. No.14138/2023, doesn't deserves to stand, accordingly, the same is hereby set aside.

6. The appeal is allowed to the above extent.

                            (MILIND RAMESH PHADKE)                                  (RAJENDRA KUMAR VANI)
                                     JUDGE                                                  JUDGE
                          Chandni