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High CourtsSingle Bench(2011) 12 MP CK 0057

Shobha Ram Raikwar vs Secretary The State of Madhya Pradesh

Madhya Pradesh High Court · Decided on 8 December 2011

HON’BLE JUDGES
Rajendra Menon, J
CASE NUMBER
Writ Petition No. 1543 of 2009

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Judgment

6 paragraphs · 349 words

Rajendra Menon, Judge

1.

Petitioner has filed this writ petition and the relief claimed are that the petitioner be granted the benefit of pay fixation in the higher pay scale after considering his case for krammonati and the second claim is that leave encashment be granted to the petitioner. During the course of hearing of this writ petition today Shri Pethia submits that as far as relief of higher pay scale matter is pending before the Division Bench in a writ appeal and therefore, petitioner seeks permission to withdraw this prayer with liberty to raise the question after certain point of time or after the writ appeals are decided.

2.

As far as claim for payment of leave encashment is concerned, benefit to be extended for leave encashment has already been decided in series of cases namely M. N. Vankhede and Another Vs. State of M.P. & Others -W.P. No.18652/2003 and in the case of Sewakram Bhede & another Vs. State of M.P. & Others -W.P. No.5688/2005 decided on 30.7.2007. In both these cases it has been held that the employees who are in the Work Charged and Contingency Paid Establishment and to whom the M.P. Work Charge Contingency Paid Employees Leave Rules, 1977 applies, are entitled to certain leave encashment to the extent of 120 days.

3.

Keeping in view the principles laid down in the aforesaid two cases, respondents are directed to settle the claim of leave encashment to the extent of 120 days as ordered by the Division Bench in W.A.No.753/2010 -State of M.P. & Others Vs. Smt. Shyama Bai wherein the Division Bench after following the principles laid down in the cases of M. N. Vankhede (supra) and Sewakram Bhede (supra) that such employees are entitled to leave encashment to the extent of 120 days. In the light of the above, respondents are directed to settle the claim of the petitioner in accordance to law within a period of two months from the date of receipt of certified copy of this order.

4.

Petition stands disposed of with the aforesaid.

5.

c.c. as per rules.