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Judgment
PER HON’BLE MR. PANKAJ KUMAR, MEMBER (A)
In this case relating to retirement dues, the applicant has sought the following reliefs:
i.To issue a direction to the respondents/competent authority to calculate and grant the correct leave encashment to the applicant treating him as a fresh appointee in the respondent department as per the provisions of CCS (Leave) Rules, 1972.
ii.To issue a direction to the respondents/competent authority to calculate and release the leave encashment alongwith interest @ 12% per annum from the date of its due till the date of actual payment.
iii.To issue any other order or directions, which this Hon'ble Tribunal may deem fit and proper in facts and circumstances of the case.
iv.To allow this original application with costs against the respondents in view of the facts and circumstances as well as the relevant judgments and grounds mentioned in the Application.
Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
Learned counsel for the applicant submits that ends of justice would be served if applicant is permitted to submit fresh representation and the competent authority is directed to decide the same by way of reasoned and speaking order within a reasonable period of time.
Learned counsel for the respondents opposes the aforesaid prayer; however, submits that, if so directed, at least two months’ time may be given for disposal of the said representation.
Keeping in view the innocuous prayer made by the applicant, this O.A. is disposed of, without going into the merits of the case, granting liberty to the applicant to submit a fresh representation mentioning necessary details to the respondents within two weeks from the date of receipt of certified copy of this order and the respondents/competent authority are directed to consider and decide the applicant’s representation so submitted by passing a reasoned and speaking order in accordance with law to be communicated to the applicant within a period of two months from the date of its receipt.
Associated MAs, if any, also stand disposed of.
Parties shall bear their own costs.
