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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ANOOP KUMAR DHAND
Smt. Vidya Devi W/o Ram Charan Yadav – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Since, common question of law and facts are involved in these petitions, hence, with the consent of counsel for the parties, arguments are heard together and all these writ petitions are being disposed of by this common order
2. For the sake of convenience, the facts and prayer pleaded in S.B. Civil Writ Petition No.13913/2021 is taken into consideration.
3. The instant writ petition has been preferred with the following prayer:
“It is, therefore, humbly prayed that your Lordships may very graciously be pleased to accept and allow this writ petition and through appropriate writ, order or direction:-
i) Direct the respondents to make payment of Rs.3,44,064/- in respect of leave encashment of 252 previlege leaves outstanding in the account of the petitioner.
ii) Direct the respondents to make payment of interest @ 9% per annum on the aforesaid amount from the date of retirement till the date of actual payment.
iii) Any other relief, which the Hon’ble Court may deem fit in the favor of the humble petitioners, may also be given to the humble petitioners.
iv) Cost of the writ petition may also be granted.”
4. By way of filing the instant writ petition, a prayer has been made for issui
Non-compliance with court orders constitutes contempt and undermines judicial authority, necessitating strict adherence to legal obligations.
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.
The court held that the petitioner-institution is liable to pay gratuity and leave encashment to respondent-employees for their service period, as per the applicable rules and acts.
The main legal point established in the judgment is that the respondent no.1-petitioner, being an employee of an Associated College of Lucknow University, is entitled to the benefit of leave encashme....
Salary – Leave encashment is part of salary – In present case, management establishment was recipient of 70% aid, in form of grant – State cannot shrug its responsibility to shoulder its part of resp....
Leave encashment - Beyond the period of superannuation no benefit of leave is available to a government employee.
Leave encashment is a property right of employees, and deprivation without statutory provision is unconstitutional.
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