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2020 Supreme(P&H) 991

HARSIMRAN SINGH SETHI
Balwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Shailendra Sharma, Advocate, for the Appellants; Ms. Anju Arora, Addl.AG, Punjab. for the Respondent

JUDGMENT

Harsimran Singh Sethi, J. - In the present writ petition, the claim of the petitioners is for grant of leave encashment, though, the services of the petitioners were terminated by the respondent-State after the petitioners were found guilty in FIR No.37 dated 08.06.1996 under the provisions of Prevention of Corruption Act as well as Indian Penal Code.

2. Learned counsel for the respondents states that keeping in view of the law laid down by this Court in CWP No.20751 of 2019 titled as Gurdeep Singh vs. State of Punjab and others decided on 28.08.2019, the employees are only entitled for grant of leave encashment upon retirement and, therefore, the law is against the claim of the petitioners as raised in the present writ petition. Relevant paragraph of the judgement is as under:-

    "In order to appreciate the claim of the petitioner, who is a dismissed employee, for grant of leave encashment, the Rules governing the service in this regard are necessary to be noticed. The claim for the benefit of encashing the earned leave can be made by the petitioner only in case the Rules governing the service allow for the same. The relevant rule, which governs the service in respect of lea

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