SHABBIR AHMAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B.

(2.) With the consent of the learned counsel for the parties the writ petition is taken up for final hearing.

(3.) This writ petition has been listed after the petitioner gave up the challenge to the vires of Regulation 41 of Rules applicable to Boys and Artificer Apprentices (hereinafter referred to as the 'Rules') as recorded in the order of this Court dated 18th November, 2004. The petition now is confined to the benefit of leave encashment for the unavailed leave for the period 19th March, 1965 to 31st January, 1970. The learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in Anuj Kumar Dey & Anr. vs. Union of India & Ors., JT 1996(10) S.C. 679, wherein the following position of law was laid down by the Hon'ble Supreme Court :-