DHARAMVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present case, the petitioner has approached this Court challenging the order dtd. 7/7/2014 (Annexure P-1), by which respondent No.4 has rejected his case for the grant of leave encashment.

(2.) As per the averments made in the writ petition, the petitioner joined respondent No.4-T.I.T Senior Secondary School, Bhiwani as a Director Physical Education (DPE) on 6/7/1978 and he kept on working on the said post till he superannuated on 29/2/2012. Therefore, the petitioner had 34 years service to his credit on the date when he retired. It has been further mentioned that the petitioner was working against an aided post and he demanded the leave encashment, but respondent No.4 passed an order on 7/7/2014 declining the same. The request was declined on the ground that as per the Haryana School Education Rules, 2003, the grant of leave encashment, facilities of leave travel concession bonus and medical reimbursement etc. are to be given at the discretion of the Managing Committee and no grant-in-aid on this account is reimbursed by the State. Further, it was mentioned that the Managing Committee has not granted leave encashment to any retired employee. This order is being impugned by the petitioner in the writ petition. Along with the writ petition, the petitioner has attached an order passed by this Court wherein the institutions were directed to grant the leave encashment to the retired employees and the petitioner claimed that he is similarly situated and is covered by the judgment rendered by this Court.

(3.) Reply on behalf of the respondents No.1 and 3 has been filed wherein it has been mentioned that the benefit of leave encashment, which the petitioner is claiming in the present petition, is to be given at the discretion of the Managing Committee and hence, the State is not liable to make any payment to the petitioner.