MANAGING COMMITTEE Vs. K R SHARMA

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner assailing order of Non -Government Educational Tribunal dated 22nd February, 1999 whereby it was directed that respondent who served the institution on his retirement was entitled for encashment towards earned leave in terms of Rule 47 read with Rule 51(1) of Rules, 1993.

(2.) RESPONDENT No. 1 K.R. Sharma who joined service as Teacher on 7th July,1964 and retired from service on 31st July, 1993. Much before his retirement, Act of 1989 came into force w.e.f. 1st January, 1993 and rules framed thereunder also given effect to w.e.f.1st April, 1993. There is no period of limitation provided under Section 21 of the Act, 1989 for employees/teachers to file application before Tribunal for release of their retiral dues to which they became entitled for under the provisions of the Act, 1989.

(3.) IT appears that pending petition respondent No. 1 has expired and his legal heirs with the permission of court were brought on record. So far as deceased teacher is concerned, despite there was order of Tribunal in his favour, he was deprived of fruits for which he became entitled for during his life time.