(1.) Rule. Learned AGP Mr Rindani waives service of notice of Rule for the respondents.
(2.) The petitioner was working as a Lecturer with respondent No.3-College and retired in the year 2005. He claimed his retiral benefits including leave encashment. He had to his credit 620 days of half pay leave and his claim, therefore, was that he will be entitled to leave encashment for the upper limit of 300 days. This claim was accepted by respondent No.3-College. However, respondent No.4 did not permit encashment of leave initially but then later on permitted encashment upto 150 days and hence this petition making the following prayers :- 10.The petitioner, therefore, humbly prays that:
(3.) Learned advocate for the petitioner submitted that Government Circular dated 7.3.2006 (Annexure-D) makes it abundantly clear that leave encashment, upon retirement, is permissible upto 300 days. In spite of that, respondent No.4 is not permitting the encashment and hence, this petition. Mr Anjaria relied on the decision of this Court in the case of Dhirendra Mehta vs. State of Gujarat (Special Civil Application No.3713 of 2009 decided on 25.6.2009) where in similar situation, this Court directed to permit encashment of leave upto 300 days.