Entitlement to arrears of leave encashment is granted when the issue is no longer res-integra and is covered by existing judicial precedents, while other pending claims may be tied to the outcome of related pending litigation.

1

Whether approved for reporting?

Ajay Mohan Goel, Judge (Oral

By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“(i) Issue a writ in nature of mandamus or any other appropriate writ, order or direction directing the respondent to pay arrears of pay revision to the petitioner on and w.e.f. 1.1.2016 till 31.04.2019 along with interest @ 9% p.a. from the date the same became payable to the petitioner;

ii. Issue a writ in nature of mandamus or any other appropriate writ, order or direction directing the respondent to pay arrears of pension to the petitioner on account of revision of their pay scale by calculating the same along with inters @ 9% p.a. from the date the same became payable to the petitioner; .

iii. Issue a writ in nature of mandamus or any other appropriate writ, order or direction directing the respondent to pay balance amount of the leave encashment which became payable to the petitioner after revision of the pay scale by calculating the same along with interest @9% p.a. from the date it became payabfle to the petitioner;

iv. Issue a writ in nature of mandamus or any other appropriate writ, ord er or direction directing the respondent to pay tthe amount of gratuity which has become available to the petitioner along with interest @ 9% p.a. from the date it became payable to the petitioner;

V. Issuoe a writ in nature of mandamus or any other appropriate writ, order or direction directing the rCespondent to pay arrears with respect to the commutation of pension which already stood calculated by the parent department and sanctioned by respondent No.3, with interest @ 9% p.a. from the date it became payable to the petitioner.”

As far as the issue of payment of the arrears of revised pay scale is concerned, in the light of the fact that the matter is pending before the Hon’ble Division Bench of this Court in CWP No.8504 of 2025, titled Madhu Deshta versus State of Himachal Pradesh and others , qua the said relief, this petition is disposed of with the direction that the findings returned therein shall be binding upon the parties herein also.

As far as the relief prayed for by the petitioner qua the release of the balance amount of leave encashment is concerned, as the said issue is no more res-integra and is covered by the judgment of the Hon’ble Division Bench of this Court in CWP No.7359 of 2021, titled Amita Gupta versus State of Himachal Pradesh and others , decided on 01.12.2022, this petition is disposed of with the direction that the arrears of the leave encashment be released in favour of the petitioner within three months from today, failing which, it will entail interest @6% from the date of the filing of the judgment. This order is being passed qua the said relief by the Court in light of the fact that a verments made in Para-5 of the petition qua the entitlement of the petitioner vis-à-vis the said relief have not been disputed by the respondent-State.

Pending miscellaneous applications, if any, also stand disposed of.