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2025 DAILYLAW 51633 (CHH)

MRITYUNJAI KUMAR v. THE PRESIDENT

WPS/9447/2023 · 2025-10-05

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:49693 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9447 of 2023 1 - Mrityunjai Kumar S/o Maheshwar Prasad Singh Aged About 62 Years R/o Plot No. 28, Tirupati Nagar, Bahatarai Road, Bilaspur, Cg, District : Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - The President Dav College Managing Committee, Chitra Gupta Road, New Delhi, District : New Delhi, Delhi 2 - The Director (Public Schools) Dav College Managing Committee, Chitra Gupta Road, New Delhi, District : New Delhi, Delhi 3 - The Regional Director C.G. Zone, D.A.V. Public Schools, Bhilai,, District : Durg, Chhattisgarh 4 - The C.M.D. S.E.C.L Seepat Road,, District : Bilaspur, Chhattisgarh 5 - The General Manager S.E.C.L, Gevra,, District : Korba, Chhattisgarh ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Aman Upadhyay, Advocate. For Respondent(s) No. 1 to 3 : Mr. Yashkaran, Advocate on behalf of Mr. Amrito Das, Advocate. For Respondents No. 4 & 5 : Mr. Sudhir Kumar Bajpai, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 06/10/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside quash the impugned Order dated 23.08.2023 issued by the Respondent No. 2 as well as the impugned Rule 14.12.1(b) enforced in the proceedings of the Sub-Committee meeting held on 2 Dec. 2000 and part of Rule 14.12 of leave rules as illegal and contrary to law. 10.3That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct the Respondent No. 2 to provide the petitioner 100 percent of unpaid leave encashment to the Petitioner within a stipulated time. 3 10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. An objection has been raised by respondents No. 1 to 3 in respect of maintainability of the petition. 3. At this stage, learned counsel for the petitioner submits that he may be permitted to withdrawn this petition with liberty to file appropriate application/proceeding before the competent authority and the competent authority may be directed to decide his claim within some stipulated time. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Considering the submissions advanced by the parties, this petition is dismissed as withdrawn, however, liberty is reserved to the petitioner to file appropriate application/proceeding before the competent authority and in case it is filed the competent authority shall decide the same within a period of 60 days from the date of filing such application. 6. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat