LAXMAN PRASAD BARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition, filed under Article 226 of the Constitution, the petitioners have prayed for the following reliefs:

(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 Vs. Ram Khilawan Singh) preferred by the State of M.P. against the order dtd. 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.