STATE OF SIKKIM Vs. MOOL RAJ KOTWAL

JUDGEMENT

(1.) The instant Intra-Court Mandamus Appeal arises in respect of a judgment and order dtd. 8/9/2022, passed by a learned Single Judge of this Court in W.P.(C) No.14 of 2022 (Dr. Mool Raj Kotwal vs. State of Sikkim and Ors.). By the impugned judgment and order, the learned Single Judge proceeded to allow the writ petition by inter alia declaring that the writ petitioner was entitled to leave encashment as per Rule 36 read with Rule 32 of the Sikkim Government Service (Leave) Rules, 1982 (for short, 'the Leave Rules') for the period 2005 to 2019, in which period, having been re-employed, the petitioner had served the State Government.

(2.) The instant appeal has been preferred by the State of Sikkim through its Chief Secretary along with two of its Departments.

(3.) A plain reading of the above Rule reveals that leave encashment is provided under the said Rule only in respect of a Government servant who retires from service under the Sikkim Government Service Rules, 1974 (for short, 'the Service Rules'). However, before we look at the relevant provisions of the Service Rules, we need to look into Rule 32 of the Leave Rules, which is a provision regarding applicability of the Leave Rules in respect of those Government servants who are re-employed after retirement.