- 1 - S.B.CIVIL WRIT PETITION NO.5262/2004 (Ambachand Mathur vs. State of Raj.& Ors.) DATE OF ORDER : 4/4/2008 HON'BLE JUSTICE GOPAL KRISHAN VYAS Mr.Kuldeep Mathur, for the petitioner. Mr.D.K.Parihar, for the respondents. The facts leading to this case are that the petitioner was working as Manager (P&I) when he retired from the service of Rajasthan Co-operative Dairy Federation Ltd. Jaipur. On retirement, he was allowed payment of leave encashment of 266 days instead of 300 days as permissible under the Rules. For the aforesaid claim, it is submitted in the writ petition that initially petitioner was entered into the services of respondent – Animal Husbandry Department in the year 1969. Thereafter, he was selected for the post of Leader Spear Head Team in Bhilwara Zila Dugdh Utpadak Sangh Ltd., Bhilwara. After his selection in the Sangh, the petitioner was relieved from the Animal Husbandry Department on 26/3/1977 and he joined at Bhilwara Dugdh Utpadak Sangh Ltd. The relieving order dated 26/3/1977 has been placed on record as Annex.1. While inviting attention of the Court towards Annex.1, it is pointed out by the petitioner that in this order it was clearly mentioned that petitioner will be allowed retiral benefits and benefit of leave as per Department Letter No.F.9(33)Agri/III/75 dated 30/1/1976. The perusal of the said - 2 - letter reveals that it deals with retiral benefits, leave and lien of the employees of Animal Husbandry Department, who are selected for certain posts in the Rajasthan Dairy Development Corporation and various Milk Producers Cooperative Unions. The petitioner is claiming his right of leave encashment for 300 days instead of 266 days as per item no.2 of letter dated 30/1/1976, which reads as under: “Leave:- The amount of privilege leave standing at the credit of the Government Servant on the date of transfer of his services may be availed of by him while under the service of the Corporation. When leave of similar nature is applied for and is admissible under the rules of the new employer, no amount of leave salary from the Government shall be paid. However, if leave applied for on any particular occasion is excess of the leave due under the new employer and such excess of the leave is sanctioned against the amount of leave due at the time of transfer from Government shall reimburse to the Corporation/Union the amount of leave salary in respect of the excess leave so availed of, according to the Rajasthan Service rules, as existing on the date of his transfer to the Corporation/Union.” The petitioner is claiming his right of leave encashment on the ground that on the date of transfer of his services, his services were required to be governed for the purpose of - 3 - granting retiral benefits including leave benefit in accordance with letter dated 30/1/1976 and according to that he is entitled to encashment of leave so available in his credit in the Government service. But, after retirement from the Rajasthan Co-operative Dairy Federation Ltd. he was allowed payment of leave encashment for 266 days instead of 300 days, which is a mistake as per the prevailing Rules of the Co-operative Dairy Federation. The petitioner filed a representation to the respondents soon after receiving the cheque for payment of 266 days leave encashment under letter dated 25/1/2003 and claimed leave encashment for 300 days as per letter dated 30/1/1976 issued by the Government. According to the petitioner, intention of the Government while issuing letter dated 30/1/1976 was clear that no employee should be put to loss because of his transfer to Rajasthan Co- operative Dairy Federation and various Milk Producers Co- operative Unions. According to the petitioner, the State Government did not transfer the information regarding privilege leave standing at his credit on the date of his transfer to the Co- operative Dairy Federation, therefore, due to inaction on the part of State Government, the petitioner has suffered loss of non- payment of 34 days leave encashment. - 4 - Vide letter dated 13/5/2004 it is informed by the Rajasthan Cooperative Dairy Federation ltd. that for the services rendered by the petitioner in the Federation, the benefit of leave encashment has already been paid and, therefore, they are not liable to pay any further amount of leave encashment. However, petitioner's claim is only for payment of leave encashment for 34 days, therefore, petitioner is seeking direction to the respondents. Per contra, Shri D.K.Parihar, learned counsel for the respondents argued that petitioner was provided fresh appointment after due selection vide order Annex.R/3/1 dated 19/20-10/1976 on probation and they are only liable to pay the amount of leave encashment for the service rendered by him in the Bhilwara Dairy and if any amount of leave encashment for the services rendered in the Animal Husbandry Department remains due then the petitioner can claim the said amount against the Animal Husbandry Department of the State Government. I have heard learned counsel for the parties and perused the pleadings of the case. Admittedly, the petitioner was selected by Rajasthan Co-operative Dairy Federation, Jaipur for appointment in Bhilwara Dugdh Utpadak Sangh Ltd. on - 5 - 19/10/1976 and after attaining age of superannuation he stood retired and retiral benefits of the services rendered in the Sangh were paid to the petitioner including leave encashment of 266 days. If at all, any claim relating to leave encashment remains then the said amount is required to be paid by the State Government because according to the petitioner himself the State Government has not transmitted the information with regard to privilege leave standing at his credit to the Sangh. In these circumstances, it will be appropriate to grant liberty to the petitioner to file a representation before the Secretary, Animal and Husbandry Department, Jaipur within a period of 15 days from the date of receipt of the copy of this order raising his aforesaid grievance. Upon filing such representation, the claim of petitioner for payment of leave encashment for 34 days shall be decided finally within a period of two months thereafter. With these directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. Pankaj Baweja