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WP 19523 2023 FinalOrder 09-Aug-2023 Digi

The petitioner filed a writ petition seeking an order directing the respondents to make payment of 300 days of accumulated leave encashment amount along with interest as per applicable rules and orders of the High Court. The Court noted that a similar issue regarding payment of earned leave was already decided in another case and directed the respondents to consider and decide the petitioner's representation on the matter within 2 months in accordance with law and without expressing an opinion on the merits of the case. The petition was disposed of with this direction.

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22 views3 pages

WP 19523 2023 FinalOrder 09-Aug-2023 Digi

The petitioner filed a writ petition seeking an order directing the respondents to make payment of 300 days of accumulated leave encashment amount along with interest as per applicable rules and orders of the High Court. The Court noted that a similar issue regarding payment of earned leave was already decided in another case and directed the respondents to consider and decide the petitioner's representation on the matter within 2 months in accordance with law and without expressing an opinion on the merits of the case. The petition was disposed of with this direction.

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डेढ़ सयाना
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

IN THE HIGH COURT OF MADHYA PRADESH


AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 9 th OF AUGUST, 2023
WRIT PETITION No. 19523 of 2023

BETWEEN:-
HARISHARAN SHRIVASTAVA S/O LATE SHRI
HARNARAYAN SHRIVASTAVA, AGED ABOUT 63 YEARS,
OCCUPATION: PENSSIONER (RETIRED PRADHAN
ADHYAPAK , GOVT. PRATHMIK VIDYALAY RAMPUR
WARD NO 22 DABRA DISTRICT GWALIOR, SANKUL
K E N D R A GOVT. KANYA UCHCHTAR MADHYAMIK
VIDYALYA DABRA, BLOCK DABRA, DISTRICT
GWALIOR DDO , BEO DARBA DISTRICT GWALIOR)
THAKUR BABA MANDIR KE PAAS WALI GALI WARD NO
25 DABRA DISTRICT GWLAIOR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI NEERAJ SHRIVASTAVA - ADVOCATE )

AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)

2. COLLECTOR GWALIOR (MADHYA PRADESH)

3. JILA SHIKSHA ADHIKARI GWALIOR (MADHYA


PRADESH)

4. AAHRAN AND SAMVITARAN ADHIKARI


GWALIOR (D.D.O) BLOCK SHIKSHA ADHIKARI
DABRA, GWALIOR (MADHYA PRADESH)

5. JILA KOSHALAYA ADHIAKRI GWALIOR (MADHYA


PRADESH)

.....RESPONDENTS
(SHRI K.S. TOMAR - GOVERNMENT ADVOCATE FOR THE STATE)

This petition coming on for admission this day, th e court passed the

Signature Not Verified


Signed by: PAWAN KUMAR
Signing time: 10-08-2023
10:40:35 AM
2
following:
ORDER
The present petition under Article 226/27 of the Constitution of India has
been preferred by the petitioner seeking following reliefs:-
^^¼7-1½ fiVh’kuj }kjk izLrqr fjV fiVh’ku Lohdkj djrs gq,] fiVh’kuj dks e/; izns’k 'kklu
foRr foHkkx ds vkns’k fnukad 16-09-1980] 08-01-1996] 25-09-2012 ,oa 08-03-2019
¼vusDtj ih&2 lhjht½ ,oa ekuuh; mPp U;k;ky; }kjk fjV fiVh’ku ua-2948@2008 ohjsUnz
fdysnkj fo:) e/;izns’k jkT; o vU; ,oa fjV vihy ua-484@2011 e/;izns’k jkT; o
vU; fo:) ohjsUnz fdysnkj esa ikfjr vkns’k@fn’kk funsZ’k dze’k% fnukad 13-10-2010 ,oa 27-
04-2012 ¼vusDtj ih&3 lhjht½ rFkk e/;izns’k flfoy lso k,asa ¼vodk’k½ fu;e] 1977 ds
izko/kkuksa ds dze esa ik=rkuqlkj dqy 300 fnol ds vftZr vodk’k ds uxnhdj.k@Hkqxrku]
30 fnol esa C;kt lfgr ekuuh; loksZP p U;k;ky; ds izdj.k flfoy vihy ua-399@2021
The State of Andhra Pradesh and Another Vs. Smt. Dinavahi Lakshmi
Kameswari es a ikfjr vkns’k fnukad 08 Qjojh 2021 ds vko’;d ikyu ds dze esa
Lohd`r dj Hkqxrku@iznku fd;s tkus ds vkns’k funsZ’k jsliksUMsUV~l@foHkkxh; izkf/kdkfj;ksa
dks iznku djus dh d`ik djsasA
¼7-2½ vU; mfpr fjV] vkns’k vFkok funsZ’k U;k; fgr esa fiVh’kuj ds i{k esa tkjh djus dh
d`ik djsa] izdj.k O;; fjLiksUMsUV~l ls fnyk;s tkus dh d`ik djsaA**

Learned counsel for the petitioner submits that the respondents are not
making payment of leave encashment to the petitioner, to which he is entitled,
while the issue regarding payment of Earned Leave has already been decided by
the Coordinate Bench of this Court in Writ Petition No.2948 of 2008 (Virendra
Kiledar Vs. State of M.P. and others), affirmed by Division Bench in Writ
Appeal No.484/2011. According to him, petitioner is entitled for 300 days leave
encashment. Therefore, the present petition be also disposed of in view of the
directions contained in the order passed by the Coordinate Bench of this Court.
Learned counsel for the respondents/State could not dispute passing of
order in W.P.No.2948 of 2008 (supra) and submits that if representation is
submitted by the petitioner in that regard, then same shall be duly considered by
the respondents authority.
I n view of the aforesaid legal position, it is directed that if petitioner
submits a representation to the competent authority within fifteen days from

Signature Not Verified


Signed by: PAWAN KUMAR
Signing time: 10-08-2023
10:40:35 AM
3
today, then same shall be considered and decided by the said authority in
accordance with law keeping in view the order dated 13-10-2010 passed in Writ
Petition No.2948 of 2008(S) within a period of two months from the date of
receipt of certified copy of this order. However, this Court has not expressed
any opinion on the merits of the case.
With the aforesaid direction, the petition stands disposed off.

(MILIND RAMESH PHADKE)


JUDGE
pwn*

Signature Not Verified


Signed by: PAWAN KUMAR
Signing time: 10-08-2023
10:40:35 AM

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