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2016 Supreme(Cal) 535

DEBANGSU BASAK
Alok Krishna Chaudhuri – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ranjit Chatterjee, Advocate Mr. P. De, Advocate
For the State :Mr. Amal Kumar Sen, Advocate Mr. Prasanta Kumar Giri, Advocate

DEBANGSU BASAK, J.:

1. The petitioner has assailed an Order dated June 21, 2016 by which the claim of the petitioner for 300 days Earned Leave has been negated.

2. Learned Advocate for the petitioner has submitted that, the petitioner has retired from service under the university as an Assistant Registrar on February 29, 2012. The petitioner has received his retirement benefits. However, the petitioner has grievance with regard to the leave salary. Learned Advocate for the petitioner has submitted that, by the Order dated June 23, 2000 the higher education department has prescribed that cash equivalent to leave salary for Earned Leave if any, to the credit of the employee on the date of retirement will apply uniformly for all officers or non-teaching employees of State Aided universities. Bidhan Chandra Krishi Viswavidyalaya is one of the universities to be governed by such government order. He has submitted that, the leave Rules appended to the Government Order dated June 23, 2000 permits encashment of 300 days of leave salary. He has further submitted that the universities named in the Government Order dated June 23, 2000 have implemented such Government Order and that, the employe













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