SHAILENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all these cases, common issues are involved and as such, they are being disposed of vide common order.

(2.) The legal issues involved in the aforesaid writ petitions whether the Leave Encashment is payable to the retiring employees and cannot be withheld notwithstanding the departmental proceedings or criminal proceedings pending against an employee.

(3.) The question to be examined is whether the leave encashment is the retiral benefits from which recovery can be effected in terms of the applicable rules.