Madhya Pradesh High Court
Phool Chand Sahu vs The State Of Madhya Pradesh on 5 January, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 5 th OF JANUARY, 2023
WRIT PETITION No. 1116 of 2013
BETWEEN:-
PHOOL CHAND SAHU S/O SHRI BABULAL SAHU, AGED
ABOUT 64 YEARS, OCCUPATION: CHOKIDAR BEHIND
OF A.P. 03 E, ENGG. COLLEGE CAMPUS, JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
DIRECTOR TECHNICAL EDUCATION, SATPURA
BHAWAN BHOPAL (MADHYA PRADESH)
2. PRINCIPAL GOVT. ENGINEERING COLLEGE
JABALPUR (MADHYA PRADESH)
3. JOINT DIRECTOR TREASURY ACCOUNTS AND
PENSION DIVISION (MADHYA PRADESH)
4. DISTRICT TREASURY OFFICER (MADHYA
PRADESH)
.....RESPONDENTS
(STATE BY SHRI PIYUSH BHATNAGAR - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for the petitioner when apprised of the Division Bench Decision of this Hon'ble High Court in Review Petition No.506/2012 (State of Madhya Pradesh & Others versus Smt.Shyama Bai) decided on Signature Not Verified Signed by: AMIT JAIN Signing time: 1/5/2023 5:36:33 PM 2 21.7.2014 wherein it is held that a work charged employee is entitled to earned leave of 120 days and Rule 7 of the Madhya Pradesh Work Charged Contingency Paid Employees Leave Rules, 1977 enables the employee on earned leave and maternity leave to get benefit of leave salary equal to the rate of pay or salary which has been drawn for the month immediately prior to the month in which the leave is taken and does not permit encashment of leave of 120 days, prays for withdrawal of this writ petition.
Accordingly, this writ petition is dismissed as withdrawn.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified Signed by: AMIT JAIN Signing time: 1/5/2023 5:36:33 PM