Shivmangal Prasad Kachhi vs The State of Madhya Pradesh

K.K. Trivedi, Judge

None for the petitioners to prosecute the petition as lawyers are abstaining the work. However, on perusal of the record, it reveals that the claim made by the petitioners is covered by the decision rendered by this Court in the case of M.N. Vankhede and another vs. The State of Madhya Pradesh & others, W.P. No. 18652/2003, as also by a decision rendered in the case of Sewakram Bhede & another vs. State of M.P. and others, W.P. No. 5688/2005, decided on 30.07.2007. The order passed in the case of Sewakram Bhede & another (supra) was called in question before the Division Bench of this Court in W.A. No. 754/2012 by the State, respondents herein. The said writ appeal has been decided by the Division Bench of this Court modifying the order passed by the learned Single Judge to the extent that instead of granting the benefit of leave encashment for a period of 240 days, the said benefit would be available for a period of 120 days to the persons like the petitioners in the present case. It is seen that similar is the claim made by the petitioners in the present petition. Considering the aforesaid, this writ petition is disposed of finally with a direction that the claim of the petitioners be considered in the light of the directions issued by this Court in the case of M.N. Vankhede & another (supra) as also in the case of Sewakram Bhede & another (supra) as modified by the Division Bench of this Court in W.A. No. 754/2010, decided on 15.12.2010 and the benefit be extended to the petitioners also within a period of three months from the date of production of certified copy of the order passed today.

With the aforesaid, the writ petition is finally disposed of. Certified copy as per rules.