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2012 Supreme(Bom) 1260

S.C.DHARMADHIKARI, M.T.JOSHI
Omprakash – Appellant
Versus
Coal India Limited, a Government of India Undertaking – Respondent


Advocates appeared:
For the Petitioner:M.M. Sudame, Advocate.
For the Respondents:S.C. Mehadia, Advocate.

Judgment :-

S.C. Dharmadhikari, J.

Rule. Shri S.C. Mehadia, learned Counsel appearing on behalf of the contesting respondents, waive service. As the pleadings are complete, by consent of the parties we proceed to dispose of the petition finally as directed in the order dated 27.02.2012.

2. This Writ Petition under Article 226 of the Constitution of India questions refusal of the Western Coalfields Limited/Coal India Limited to pay encashment leave to the petitioner and the monetary component in terms thereof. What the petitioner has claimed in this Writ Petition is, the benefit of encashment of 219 days of Earned leave and 293 days of Half pay leave.

3. The facts which are not in dispute are as under:

On 03.03.1976, the petitioner joined the Nationalised Coal Sector as Assistant Welfare Officer (Trainee) in Western Coalfields Limited at Korba and continued there till 12.06.1984. Thereafter, he was posted from 14.06.1984 to 30.06.1989 at Nagpur as Personnel Officer, Western Coalfields Ltd. He was promoted on 30.05.1998 and worked as Personnel Manager at Western Coalfields Limited, Umrer area. Thereafter he came to be promoted on 28.05.2001 as a Deputy Chief Personnel Manager and post


















































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