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Judgment
NIDHI GUPTA, J. (ORAL)
Prayer in the present writ petition is for quashing/ modification of the order dated 20.09.2022 (Annexure P-4) passed by respondent No. 2 and allow the period of 300 days of leave encashment of the petitioner; and further for issuance of a direction to the respondents to decide the representation/application dated 02.05.2026 to count the service of the petitioner in accordance with law and release the full benefits of 300 days of earned leave/leave encashment to the petitioner as per the similar benefits have been given to other drivers working in difference depots of Haryana Roadways.
At the very outset, learned counsel for the petitioner submits that the petitioner would be satisfied, at this stage, if a direction is issued to the respondents to consider and decide the representation/application dated 02.05.2026 (Annexure P-7) submitted by the petitioner for releasing the amount for the period of 300 days towards leave encashment as, admissible to the petitioner. It is also pointed out that the respondents have themselves have acknowledged vide letter dated 02.09.2025 (Annexure P-6) that the petitioner is entitled to said leave encashment as, there are approximately 295 earned leaves remaining in his earned leave account.
Notice of motion.
Ms. Tanushree Gupta, Addl. A.G., Haryana, accepts notice on behalf of respondent-State and submits that she has no objection in case, the aforesaid limited prayer of learned counsel for the petitioner is accepted.
Heard.
Without expressing any opinion on the merits of the claim raised by the petitioner, and in view of the limited relief sought, the present writ petition is disposed of with a direction to respondents/Competent Authority, concerned to consider and decide the representation/application dated 02.05.2026 (Annexure P-7) by passing a speaking and reasoned order, in accordance with law and while keeping in mind the letter dated 02.09.2025 (Annexure P-6), within a period of 04 months from the date of receipt of a certified copy of this order.
It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner to the claimed benefit, and the competent authority shall take an independent decision in accordance with the applicable rules and regulations.
Pending application(s), if any, shall stand disposed of.