BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the claim of the petitioners is for grant of leave encashment, though, the services of the petitioners were terminated by the respondent-State after the petitioners were found guilty in FIR No.37 dated 08.06.1996 under the provisions of Prevention of Corruption Act as well as Indian Penal Code.

(2.) Learned counsel for the respondents states that keeping in view of the law laid down by this Court in CWP No.20751 of 2019 titled as Gurdeep Singh vs. State of Punjab and others decided on 28.08.2019, the employees are only entitled for grant of leave encashment upon retirement and, therefore, the law is against the claim of the petitioners as raised in the present writ petition. Relevant paragraph of the judgement is as under:-

(3.) Learned counsel for the petitioners is unable to rebut the argument raised by the learned counsel for the respondent-State that according to the provisions of Punjab Civil Services Rules, 1970, the petitioners, who were dismissed from service are not entitled for gratuity as the benefit of gratuity is only available for the employees, who have retired from service on attaining the age of superannuation.