RAM BHAGAT GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only controversy in this appeal is whether the appellant is entitled to leave encashment benefits at the time of his seeking voluntary retirement in terms of instructions dated 21.4.1979, Exhibit P-5.

(2.) The trial Court found that constitutional validity of instructions P-7 dated 13.7.1979 and P-5 dated 21.4.1979 cannot be gone into by Civil Courts and admittedly under these instructions the plaintiff was not entitled to any benefit.

(3.) The lower Appellate Court held that the validity or vires of the rules has not been challenged by the plaintiff, he derived no benefits under the instructions as the department had specifically stated in the instructions dated 21.4.1979 P-5 that persons who had retired prior to 1.1.1979 would not be entitled to and leave encashment. The appeal was therefore, dismissed.