STATE OF SIKKIM Vs. DR. MOOL RAJ KOTWAL

JUDGEMENT

(1.) Leave granted.

(2.) Assailing the order dtd. 27/4/2023 passed in Writ Appeal No. 8 of 2022 confirming the order dtd. 8/9/2022 passed in Writ Petition (C) No. 14 of 2022, by High Court of Sikkim at Gangtok, the State of Sikkim (in short 'State') has filed these appeals. The discord between the parties is regarding grant of benefit of leave encashment second time for the period of reemployment of respondent after attaining the age of superannuation, in particular beyond the maximum period of 300 days as prescribed.

(3.) Being aggrieved by the order dtd. 21/5/2020 cancelling the order dtd. 31/5/2019 to grant leave encashment and directing payment of sum as sanctioned, the respondent preferred writ petition before the High Court. Learned Single Judge allowed the same relying upon Rule 36 read with Rule 32 of 'Sikkim Government Services (Leave) Rules, 198 [Retirement on superannuation]' (in short 'Leave Rules'), declaring him entitled for grant of leave encashment again for unutilized leave during the period of re-employment. On filing the Writ Appeal by State, it came to be dismissed by the impugned order. Hence the present appeals by State challenging both orders passed by learned Single Judge and Division Bench.