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2023 DIGILAW 185 (MP)

Laxman Prasad Bari v. State of M. P.

2023-02-01

ANAND PATHAK

body2023
ORDER 1. By this petition, filed under Article 226 of the Constitution, the petitioners have prayed for the following reliefs: (i) That the respondents be directed to immediately sanction and release the leave encashment of 120 days of surrendered leave to the petitioners in view of High Court's order dated 11.10.2022 (Annexure P/4) passed to similarly aggrieved persons. (ii) That any other writ, order or direction thought just and proper may also be issued. 2. In this regard, the petitioners herein has placed reliance on the decision rendered in W.A. No.470/2012 (The State of Madhya Pradesh v. Ram Khilawan Singh) preferred by the State of M.P. against the order dated 29.6.2011 passed in W.P. No.9930/2011. 3. Petitioners have also relied on rule 4 of M.P. Work Charged and Contingency Paid Employees Leave Rules, 1977 (in short 1977 Rules'). The Division Bench in the case of Ram Khilawan Singh (supra) has considered the identical issue raised therein, wherein the single Judge has allowed the petition preferred by a contingency paid employee and held him entitled for leave encashment of 240 days. This order was modified by the Division Bench in view of the admission of the State Government and rule 4 of 1977 Rules which provides that an employee working under the work charged establishment is entitled for the benefit of encashment of 120 days earned leave. 4. The issue in the present case is identical to the case of Ram Khilawan Singh (supra) and the said judgment is squarely applicable to the present case also. 5. Under such circumstances, this petition is allowed. 6. In the light of order dated 11.10.2022 passed in Writ Petition No.14185/2021 by a co-ordinate Bench of this Court, which is also squarely applicable to the case of petitioners herein, the respondents are directed to extend the benefit of encashment of 120 days of earned leave to the petitioners as admissible under 1977 Rules within a period of 90 days from the date of production of certified copy of the order passed today. 7. With the aforesaid, this petition is disposed of.