Retired employees are entitled to leave encashment as a matter of legal right, and undue delays in payment due to pending inquiries are not justified.

Order :

Amitendra Kishore Prasad, J.

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 the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent's authority to consider the case of the petitioner for payment of leave encashment.

10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent's authority to consider the case of the petitioner for payment of leave encashment of Rs. 04,26,496/- with 12% annual interest from 31.07.2020 to till date.

10.4 That, the Hon'ble Court may kindly be pleased to direct the respondents to consider and decide the representation of the petitioners within the period of 4 weeks.

10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.”

2. Facts of the case, in a nutshell, are that the petitioner was employed as an Assistant Grade II in the Department of Urban Administration and Development at Nagar Palika Parisad Sakti, District Sakti (Chhattisgarh). She retired from her position on 31.07.2020, as per the retirement order dated 30.05.2020. Throughout her service, the petitioner discharged her duties with utmost sincerity and to the satisfaction of her superiors. There have been no complaints or inquiries against her during her tenure, and her entire service record is clear and unblemished. After her retirement, the petitioner has not received the payment for leave encashment, which is a statutory entitlement for Government employees upon retirement. In this regard, the petitioner has made several requests and representations to the respondent authorities for the release of her due leave encashment. However, despite her repeated efforts, no action has been taken to process her claim for leave encashment. To further ascertain the status of her entitlement, the petitioner filed an application under the Right to Information (RTI) Act. In response, the respondents confirmed that the petitioner is entitled to a leave encashment amount of Rs. 4,26,496/-. Despite the clear entitlement and the information provided under the RTI Act, the respondents have failed to take any action to pay the petitioner her due leave encashment. This inaction on the part of the respondents is not only illegal and erroneous but also contrary to the established laws governing the payment of such entitlements. The petitioner has suffered significant financial hardship due to the non-payment, and continues to face irreparable loss, which cannot be compensated at a later stage. The petitioner, therefore, seeks appropriate legal remedy to ensure the payment of her rightful leave encashment, along with any consequential relief that may be deemed fit by this Court.

3. Learned counsel for the petitioner would submit that the actions of the respondents in failing to pay the petitioner her entitled leave encashment after her retirement are both illegal and erroneous. It is submitted that, despite multiple representations and requests made by the petitioner, no action has been taken by the respondents to settle her claim for leave encashment. This inaction is contrary to the established laws and procedures that govern the payment of such entitlements to Government employees upon their retirement. The petitioner, having retired on 31.07.2020, is rightfully entitled to the payment of her leave encashment, which amoun