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Judgment
Sudeepti Sharma , J.
Petitioner in the present writ petition is asking for writ in the nature of mandamus directing the respondents to release the remaining leave encashment on account of unavailed earned leave alongwith 15% interest and also interest on other delayed retiral payments i.e pension, gratuity etc.
Learned counsel (s) for the petitioner contend that the leave encashment for the period when the petitioner was working as Work Charge is not being granted to him, therefore, direction be issued to the respondents to grant the same. They, therefore prays that the present writ petition be allowed.
Per contra, learned counsel for the State argues on the lines of reply dated 13.05.2022 filed by the respondents. She, therefore, prays for dismissal of the writ petition.
I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.
Before proceeding further, it would be apposite to reproduce the relevant portion of reply dated 13.05.2022 filed on behalf of respondent No. 1 and 3 and the same reads as under:-
“PRELIMINARY SUBMISSIONS
PARA NO. 1 TO 4
XXX XXX XXX
PARA No. 5
5.That the petitioner is a class-IV employee and his services were regularised on 7-6-2007 but he was discharging his duties on temporary post being work charged employee and his services were subject to discharge at one month's office. As per Rule 1.2 and Rule 1.4(iii) of the Punjab Civil Service Rules Part-1, Volume-1, the petitioner is not entitled for the grant of leave encashment of unutilized leave for his service rendered on work charge period. The benefit of leave encashment can be extended only from the date of his regularisation.
ON MERITS
1 to 9 XXX XXX XXX
10.That the contents of Para-10 of the writ petition are correct to the extent that the leave encashment for the accumulated earned leave from the date of regularisation till the date of retirement i.e. from 7-6-2007 to 31-12-2011 amounting to Rs. 46,446 has been paid and remaining para of this writ petition is denied being wrong and false. It is however stated that the petitioner is class-IV employee and there is no provision in the Punjab Civil Service Rules, which obligates the Department of Punjab Government to extend the benefit of leave encashment to the employees on work charge period and the petitioner was discharging his duties on temporary post being work charged employee and his services were subject to discharge at one month's notice and as such as per Rule 1.2 and Rule 1.4 (iii) of the Punjab Civil Services Rules Part-1, Volume-1, he is not entitled for the grant of leave encashment for his service rendered on work charge period. The benefit of leave encashment of unutilized leave can be extended only from the date of his regularisation in service. This rule specifically negatives the claim of petitioner for leave encashment of unutilized leave of work charge period, and the judgment referred in this para is not applicable in the case in hand because the facts of the said case are different as compared to the present case. It is however stated that the Department of Finance Punjab vide it's letter issued under endorsement no. 10/50616, teh B 21295 Chandigarh dated 25-11-2016 has specifically stated that according to the Rule-1 of the Punjab Civil Service Chapter-1, Part-1 are not applicable to work charge employees and these employees are not entitled to the benefit of leave encashment. Therefore, these employees are entitled to the benefit of leave encashment from the date of their regularisation. A copy of said letter is attached herewith as annexure R-1. ”
In view of the stand taken by respondents in their reply referred to above that as per Rule 1.2 and Rule 1.4 (iii) of the Punjab Civil Service Rules Part-1, Volume-1, the petitioner is not entitled for the grant of leave encashment of unutilized leave for his service rendered on work charge period, this Court does not find any merit in the present writ petition.
Accordingly, the present writ petition is dismissed.
Pending application (s) if any also stands disposed of.