Adarsh Jit Pal And ORS v. State Of Punjab And ORS

CWP No.25066 of 2024 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.25066 of 2024 (O&M) Date of decision: 27.09.2024 Adarsh Jit Pal and others ....Petitioners

Versus

The State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. P.K. Goklaney, Advocate with Mr. Ashish Goklaney, Advocate for the petitioners. NAMIT KUMAR J. (Oral) 1.

Prayer in this writ petition filed by the petitioners under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to grant the petitioners the benefit of leave encashment for 450 days in lieu of unutilized earned leave lying at their credit on the dates of their superannuation rather than payments of 300 earned leaves (paid to the petitioners) along with all arrears of pay and consequential benefits with interest @ 12% per annum.

2.

Learned counsel for the petitioners submits that the petitioners retired from service on attaining the age of superannuation between the year 2015-2020 and they are entitled for the benefit of leave encashment for 450 days in lieu of unutilized earned leaves instead of 300 earned leaves. However, they have not been given the said benefit. Learned counsel submits that they have submitted legal MOHD YAKUB 2024.09.27 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CWP No.25066 of 2024 (O&M) notices dated 03.06.2024 and 04.06.2024 (Annexures P-4 and P-5, respectively), and at this stage, petitioners would be satisfied, if the said legal notices are considered and decided by passing a speaking order in a time-bound frame.

3.

Notice of motion.

Mr. Rajesh Sehgal, Addl. A.G., Punjab, accepts notice on behalf of the respondents and has no objection to the innocuous prayer made by learned counsel for the petitioners.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without expressing any opinion on merits of the case or the claim being made by the petitioners in the present petition, respondent No.3 is directed to consider and decide the claim made by the petitioners in legal notices dated 03.06.2024 and 04.06.2024 (Annexures P-4 and P-5, respectively) in accordance with law, by passing a speaking order within a period of three months from the date of receipt of certified copy of this order. In case, the petitioners are found entitled, necessary benefits be released within a period of three weeks thereafter. 7.

The petition stands disposed of.

(NAMIT KUMAR) JUDGE 27.09.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.09.27 18:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh