Hemant Lal Vyas vs The State Of Madhya Pradesh School ... on 14 October, 2022

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Madhya Pradesh High Court

Hemant Lal Vyas vs The State Of Madhya Pradesh School ... on 14 October, 2022

Bench: Vijay Kumar Shukla

1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 14 th OF OCTOBER, 2022
WRIT PETITION No. 23031 of 2022

BETWEEN:-
1. HEMANT LAL VYAS S/O LATE SHRI ANOKHI LAL
VYAS, AGED ABOUT 66 YEARS, OCCUPATION: RTD
ASST. TEACHER GOVT PRIMARY SCHOOL
VILLAGE BAVALYA KHEDI TEHSIL SANWER
DISTRICT INDORE (MADHYA PRADESH)

2. POORAN MAL BANDWAL S/O LATE SHRI GHASI
RAM, AGED ABOUT 64 YEARS, OCCUPATION:
RTD. ASST. TEACHER GOVT. GIRLS PRIMAR
SCHOOL, SANWER DISTT. INDORE WARD NO. 13
KESHARIPURA, SANWER (MADHYA PRADESH)

3. MOHAN LAL CHOUHAN S/O SHRI GANPAT LAL
CHOUHAN, AGED ABOUT 66 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL, PANOD (OLD) TEH. SANWER
DISTT. INDORE NEAR AJANTA PETROL PUMP,
UJJAIN ROAD, SANWER (MADHYA PRADESH)

4. BHARAT SINGH CHANDIWAL S/O SHRI MADHU
SINGH, AGED ABOUT 65 YEARS, OCCUPATION:
RTD. ASST. TEACHER GOVT. PRIMARY SCHOOL,
PANOD TEH. SANWER, DISTT. INDORE WARD NO.
15 AJANOD ROAD, SANWER (MADHYA PRADESH)

5. RAMESH CHANDRA CHOUDHARY S/O SHRI
BAPUJI CHOUDH, AGED ABOUT 66 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL BAVALYA KHEDI TEH.
SANWER DISTT. INDORE OLD BY PASS ROAD,
UJJAIN ROAD, SANWER (MADHYA PRADESH)

6. TEJ RAM CHOUDHARY S/O SHRI RAMKRISHNA
CHOUDHARY, AGED ABOUT 64 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL, LALAKHEDA TEH. SANWER
DISTT. INDORE VILLAGE POST KUDANA, TEH.
SANWER (MADHYA PRADESH)

Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 14-10-2022
17:43:49
2
7. BABULAL PARMAR S/O SHRI DAYA RAM
PARMAR, AGED ABOUT 64 YEARS, OCCUPATION:
RTD. ASST. TEACHER GOVT. PRIMARY SCHOOL,
KAYASTKHEDI, TEH. SANWER DISTT. INDORE
VILLAGE POST KUDANA TEH. SANWER (MADHYA
PRADESH)

8. UMRAO SINGH CHOUHAN S/O SHRI MOTI SINGH
CHOUHAN, AGED ABOUT 65 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
MIDDLE SCHOOL, KIDHODA TEH. SANWER
DISTT. INDORE VILLAGE KAJANA POST KUDANA
TEH. SANWER (MADHYA PRADESH)

9. SANTOSH KUMAR MANDLOI S/O SHRI RAM
RATAN MANDLOI, AGED ABOUT 64 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
MIDDLE SCHOOL, PALKANKARIYA TEH. SANWER
DISTT. INDORE 209, VILLAGE POST KUDANA TEH.
SANWER (MADHYA PRADESH)

10. BHARAT LAL GEHLOT S/O SHRI NIRBHAY SINGH
GEHLOT, AGED ABOUT 64 YEARS, OCCUPATION:
ASST. TEACHER GOVT. MIDDLE SCHOOL NO. 1
SANWER, TEH. SANWER DISTT. INDORE VILLAGE
KIDHODA POST BADODIYA KHAN, TEH. SANWER
(MADHYA PRADESH)

11. RAGAV DAS VAISHNAV S/O SHRI GOVERDHAN
DAS VAISHNAV, AGED ABOUT 63 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL, MALAKHEDI, TEH. SANWER
DISTT. INDORE NEAR AJANTA PETROL PUMP,
UJJAIN RAOD, SANWER (MADHYA PRADESH)

12. NAGAJI RAM PARMAR S/O SHRI BADRI LAL
PARMAR, AGED ABOUT 63 YEARS, OCCUPATION:
ASST. TEACHER GOVT. MIDDLE SCHOOL
GULAVAT TEH. SANWER DISTT. INDORE HOUSE
NO. 13, RAWER TEH. SANWER (MADHYA
PRADESH)

13. ASHUTOSH PATEL S/O SHRI DAMODAR PATEL,
AGED ABOUT 64 YEARS, OCCUPATION: RTD.
TEACHER GOVT. MIDDLE SCHOOL, AJNOD TEH.
SANWER DISTT. INDORE VILLAGE POST KUDANA
TEH. SANWER (MADHYA PRADESH)

14. SHIV SINGH MAKWANA S/O SHRI KESAR SINGH
MAKWANA, AGED ABOUT 63 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL, PANCHOLA TEH. SANWER
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 14-10-2022
17:43:49
3
DISTT. INDORE VILLAGE PANCHOLA POST
CHITTODA TEH. SANWER (MADHYA PRADESH)

15. BHAGWAN SINGH PANCHOLI S/O SHRI MANGI
LAL PANCHOLI, AGED ABOUT 64 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
PRIMARY SCHOOL, CHIMALI TEH. SANWER
DISTT. INDORE VILLAGE AJANODHI POST
JINDAKHEDA TEH. HATOD (MADHYA PRADESH)

16. RANJAN SINGH BHATI S/O SHRI KESAR SINGH
BHATI, AGED ABOUT 65 YEARS, OCCUPATION:
RTD. ASST. TEACHER GOVT. PRIMARY SCHOOL,
PANCHOLA TEH. SANWER DISTT. INDORE
VILLAGE POST CHITTODA TEH. SANWER
(MADHYA PRADESH)

17. SHYAM LAL CHOUHAN S/O SHRI KISHAN LAL
CHOUHAN, AGED ABOUT 65 YEARS,
OCCUPATION: RTD. ASST. TEACHER GOVT.
MIDDLE SCHOOL, BADODIYAKHAN TEH.
SANWER DISTT. INDORE KUDANA ROAD,
SANWER, TEH. SANWER (MADHYA PRADESH)

18. ASHOK SHINDE S/O SHRI JAY RAM SHINDE,
AGED ABOUT 63 YEARS, OCCUPATION: RTD.
ASST. TEACHER GOVT. MIDDLE SCHOOL,
GAVALA, TEH. SANWER DISTT. INDORE 71,
MANAK CHOUK, WARD NO. 6 SANWER TEH.
SANWER DISTT. INDORE (MADHYA PRADESH)

.....PETITIONER
(sHRI KISHORI LAL PUROHIT, LEARNED COUNSEL FOR THE
PETITIONER).

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

2. DISTRICT EDUCATION OFFICER SCHOOL
EDUCATION DEPARTMENT NEAR BADA
GANPATI, INDORE (MADHYA PRADESH)

3. BLOCK EDUCATION OFFICER BLOCK SANWER
DISTT. INDORE (MADHYA PRADESH)

4. DIVISIONAL PENSION OFFICER INDORE
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 14-10-2022
17:43:49
4
DIVISION SETTELITE BHAWAN, COLLECTORATE
CAMPUS, INDORE (MADHYA PRADESH)

5. PRINCIPAL GOVT. H.S. SCHOOL SANWER
(MADHYA PRADESH)

6. PRINCIPAL GOVT. EXECELLENCE H.S. SCHOOL
SANWER (MADHYA PRADESH)

7. PRINCIPAL GOVT. H.S. SCHOOL
CHANDRAVATIGANJ, DISTT. INDORE (MADHYA
PRADESH)

8. PRINCIPAL GOVT. H.S. SCHOOL AJNOD DISTT.
INDORE (MADHYA PRADESH)

.....RESPONDENTS
(SHRI VAIBHAV BHAGWAT, LEARNED GOVERNMENT ADVOCATE FOR
THE RESPONDENTS/STATE
sHRI AHUTOSH GONDLI, LEARNED COUNSEL FOR RESPONDENT
NO.3).

This petition coming on for orders this day, the court passed the following:
ORDER

In the instant petition, the petitioner is seeking a direction for payment of amount of earned leaves of 300 days as per the MP Civil Services Leave Rules, 1977.

It is submitted that number of petitions have been disposed off by this court. In support of her submissions, she has placed reliance on the order dated 26.08.2022 passed in WP No.18772/2022.

Learned counsel for the petitioners submits that the respondents are not making payment of leave encashment (to which they are entitled) to the petitioners, while the issue regarding payment of Earned Leave has already been decided on 13.10.2010 by the Coordinate Bench of this Court at Gwalior in Writ Petition No.2948/2008 (Virendra Kiledar v. State of M.P. and others), affirmed by Division Bench of this Court at Gwalior in Writ Appeal No.484/2011 (The State of Madhya Pradesh & others v. Virendra Kiledar S/o Gattu Lal Kiledar & another) vide order dated 27.04.2012.

Signature Not Verified Signed by: SOURABH YADAV Signing time: 14-10-2022 17:43:49 5

According to him, the petitioners are 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 respondent / State, on the other hand, could not dispute passing of order in W.P. No.2948/2008 and submit that if representation is submitted by the petitioners in that regard, then the same shall be duly considered by the respondents authority.

In view of the aforesaid legal position, it is directed that if petitioners submit a representation to the Competent Authority of the respondents within fifteen days from today, then the 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.2948/2008 (S) within a period of two months from the date of receipt of certified copy of this order.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, the present petiton stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Pramod Signature Not Verified Signed by: SOURABH YADAV Signing time: 14-10-2022 17:43:49

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