SMT. VASUNDHRA PANDIT v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. SMT. VASUNDHRA PANDIT v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 5 OF FEBRUARY, 2024 WRIT PETITION No. 1199 of 2024 BETWEEN:- 1. SMT. VASUNDHRA PANDIT W/O SHRI ASHOK PANDIT, AGED ABOUT 65 YEARS, OCCUPATION: PENSIONER (RETIRED SAHAYAK SHIKSHAK PRATHMIK GOVT. REGIYAPURA VIDISHA) AT PRESENT ADDRESS DISTRICT VIDISHA (MADHYA PRADESH) 2. SHRI OM PRAKASH SAXENA S/O SHRI KANHAIYALAL, AGED ABOUT 63 YEARS, OCCUPATION: PENSIONER (RETIRED SAHAYAK SHIKSHAK MADHYAMIK GOVT. SATPADA VIDISHA) AT PRESENT ADDRESS DISTRICT VIDISHA (MADHYA PRADESH) 3. SMT. MANORAMA CHOUBEY W/O SHRI SURESH CHOUBEY, AGED ABOUT 63 YEARS, OCCUPATION:PENSIONER (RETIRED SAHAYAK SHIKSHAK PRATHMIK GOVT. JATPURA VIDISHA) AT PRESENT ADDRESS DISTRICT VIDISHA (MADHYA PRADESH) 4. SHRI RAMNATH SINGH RAJPUT S/O SHRI SURESH CHOUBEY, AGED ABOUT 64 YEARS, OCCUPATION: PENSIONER (RETIRED SAHAYAK SHIKSHAK MADHYAMIK GOVT. LASHKARPUR VIDISHA) AT PRESENT ADDRESS DISTRICT VIDISHA (MADHYA PRADESH) 5. SMT.
KRESH JAIN W/O SHRI PRAKASHCHANDRA JAIN, AGED ABOUT 62 YEARS, OCCUPATION: PENSIONER (RETIRED SAHAYAK SHIKSHAK PRATHMIK GOVT. JAROD, VIDISHA) AT PRESENT ADDRESS DISTRICT VIDISHA (MADHYA PRADESH) ..... PETITIONER (BY SHRI AJEET SINGH BHADORIYA - ADVOCATE ) AND Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 05-Feb-24 7:15:32 PM 1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, VALLABH BHAWAN BHOPAL (MADHYA PRADESH) 2. COLLECTOR VIDISHA (MADHYA PRADESH) 3. JILA SHIKSHA ADHIKARI VIDISHA (MADHYA PRADESH) 4. AAHRAN SAVITRAN ADHIKARI (DDO), BLOCK SHIKSHA ADHIKARI VIDISHA/BASODA, VIDISHA (MADHYA PRADESH) 5. JILA KOSALAY ADHIKARI, VIDISHA (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI S. S. KUSHWAHA - GOVT. ADVOCATE) This petition coming on for admission this day, th e court passed the following: ORDER Heard on the question of admission and grant of interim relief.
By this writ petition under Article 226 of the Constitution of India, the petitioners are seeking the following relief (s): - 1- ;gfd] ;kfpdkdrkZ }kjk izLrqr ;kfpdk Lohdkj dj ;kfpdkdrkZx. k }kjk izLrqr ;kfpdk Lohdkj djrs gq, ;kfpdkdrkZx. k dks e/; izns'k 'kklu for foHkkx ds vkns'k fnukad 08@03@19 ,oa ekuuh; mPp U;k;ky; }kjk fjV fiVh'ku u- 2948@2008 ohjsUnz fdysnkj fo:) e/; izns'k jkT; o vU; ,oa fjV vihy 484@2011 e/; izns'k jkT; o vU; fo:) ohjsUnz fdysnkj esa ikfjr vkns'k@fn'kk funsZ'k ,usDpj ih@2 rFkk e0iz0 flfoy lsok,sa vodk'k fu;e 1977 ds izko/kkuksa ds dze esa ik=rkuqlkj dqy 300 fnol ds vftZr vodk'k ds uxnhdj. k Hkqxrku 30 fnol esa C;kt lfgr ekuuh; loksZPp U;k;ky; ds izdj. k flfoy vihy ua- 399@2021 vkU/kz izns'k jkTo vU; fo:) Jherh nhukogh y{eh dkes'kokjh esa ikfjr vkns'k fnukad 08 Qjojh 2021 ds vko';d ikyu ds dze esa Lohd`r dj Hkqxrku iznku fd;s tkus ds vkns'k@funsZ'k izfr;kfpdkdrkZx.
k foHkkxh; izkf/kdkfj;ksa dks iznku djus dh d`ik djsaA 2- ;g fd vU; vkns'k@funsZ'k tks ekuuh; U;k;ky; mfpr le>s U;k;fgr esa ikfjr fd, tkus dh d`ik djsaA 2. Learned counsel for the petitioners submits that the respondents are Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 05-Feb-24 7:15:32 PM 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. 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. 3. 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. 4. 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. 5. It is made clear that this Court has not expressed any opinion on the merits of the case. 6.
With the aforesaid direction, Writ Petition stands disposed of. All the other pending interlocutory applications, if any, shall stand disposed of. Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 05-Feb-24 7:15:32 PM (MILIND RAMESH PHADKE) JUDGE ar Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 05-Feb-24 7:15:32 PM
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