KALYANMAL Vs. R S R T C

JUDGEMENT

(1.) THE petitioner who was a government servant opted for service in the RSRTC on 30.6.1966 and retired on 31.12.1991 as Supdt. Gr. I at Pali while he was drawing Rs. 1180/ - per month but equivalent amount of accumulated leave was not granted on the ground that there is no provision in the Employees Service Regulations of RSRTC about the earned leave. The Tribunal vide order dt. 24.9.1985 (Ex.7) rejected the application of the petitioner. Hence, this writ petition.

(2.) REPLY was filed stating that communication was given to the petitioner vide letter dt. 19.6.85 (Anx.R./1) that he is not entitled for any benefits as per Clause 58 and 62 of Service Regulations, 1965 and application Under Section 33C(2) of the I.D. Act is not maintainable. It has also been stated that the Tribunal has come to the conclusion that on the basis of the provisions of Ss. 13 and 14 of the Raj. Shop and Commercial Establishment Act, 1958 the petitioner is not entitled to get encashment In the absence of there being any provision in the rules.

(3.) MR . Bhati, learned counsel for the respondents submits that the Tribunal has rightly dismissed the application of the petitioner. He submits that Section 3 of the said Act of 1958 specifically exempts the respondent -corporation being 'office of or under the State Government', therefore, the petitioner cannot take any advantage of Sections 13 and 14 of the Act of 1958. He also submits that under the Service Regulations of 1965 the petitioner could avail the privilege leave if so applied and refused but he did not apply for availing the same. Therefore, the petitioner is not entitled for encashment of leave.