GIANVATI Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Petitioner, who retired as Principal of BPSM Girls College, Khanpur Kalan, Sonepat on 31.12.2002, was released all her retiral benefits like pension, gratuity, provident fund etc. but was not given the benefit of leave encashment. Her representation in this regard was rejected by the respondents vide order dated 25.2.2011 (Annexure P-1). The aforesaid order is under challenge in this writ petition, with a further prayer, directing the respondents to grant the payment of leave encashment to the petitioner along with interest.

(2.) In support of her case for entitlement of leave encashment, petitioner has relied upon a judgment of this Court in the case of Dr. Karan Singh Rathee & ors. v. State of Haryana & ors. CWP No.3732 of 2001 decided on 20.8.2007 (Annexure P-2), wherein it was held that such a privately managed Government aided college is entitled to the benefit of leave encashment. Petitioner has further relied upon a Division Bench judgment of this Court in the case of Chand Ram Dahiya v. BPS Mahila Vishwa Vidayalaya CWP No.7343 of 2007 decided on 11.8.2008 (Annexure P-3), which reads thus:-

(3.) Petitioner has also placed reliance upon judgment of this Court dated 11.5.1998 passed in CWP No.16997 of 1997 titled as Jagdev Singh Dalal v. State of Haryana in support of her claim.