JUSTICE ASHOK PITAMBAR BHANGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. RULE. Rule made returnable forthwith by consent of the learned counsel for the parties.

(2.) The issue which is sought to be canvassed in the present petition, is as regards the entitlement/grant of leave encashment to the petitioner, who is a retired Judge of the High Court of Bombay and was appointed on the post of the President of the Maharashtra State Consumer Dispute Redressal Commission, Mumbai.

(3.) The facts, as are necessary for deciding the petition, are as under : The petitioner, after having retired as a Judge of the High Court of Bombay, vide State Government decision dated January 06, 2016 came to be appointed as the President of the Maharashtra State Consumer Dispute Redressal Commission, Mumbai. After having completed the 67 years of his age, the petitioner stood retired from the said post on which 142 days earned leave was to his credit. Since he was entitled for leave encashment as per the Maharashtra Civil Services (Leave) Rules, 1981 (for short "Leave Rules of 1981"), he approached the respondent-State Authorities for encashment of the same, which was not granted. As such, the petitioner was prompted to approach this Court.