1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7894/04 Rajendra Prasad Jain vs. State & Ors. Date of order : 6/4/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Keshav Agarwal for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the prayer that the respondents be directed to grant benefit of joining time of 10 days and the earned leave of 39 days together with the amount of T.A. bills of Rs.6811/- as also the interest. Learned counsel for the petitioner has invited attention of the Court towards the letter of District Supply Officer, Karauli addressed to District Supply Officer, Chittorgarh in which it is stated that 10 days leave was to be credited to the leave encashment account of the petitioner apart from 39 days which was earlier disallowed be now be granted because the petitioner has produced the medical certificate. The leave encashment of 142 days was also paid to the petitioner. During the pendency of the 2 petition, the payment of outstanding T.A. bills was made to the petitioner and dispute now remains to 10 days P.L. and 39 days leave encashment. The respondents in reply to the writ petition have submitted that they already paid the amount of 10 days P.L. However with regard to leave encashment of 39 days, it is stated that this was the period for which the petitioner has submitted his medical certificate and such certificate was verified by Senior Specialist whereas only the Medical Board was competent to verify sickness certificate for more than 30 days. Learned counsel for the petitioner has cited the order No.P.16(25) M Group 1-94 dt. 8.1.98 of the Medical Department published in Lekhavigya in its January, 2003 issue according to which even the Senior Specialist PMO / Associate Professor / Professor were authorised to issue such certificate for the period from 30 to 45 days. In view of above, the contention of the petitioner deserves to be upheld. The writ petition is disposed of with 3 direction to the respondents to pay to the petitioner the benefit of leave encashment of 39 days and the respondents are also directed to verify that benefit of 10 days P.L., when the petitioner was transferred from Begun to Chittorgarh, if so far not paid to the petitioner, that should also be paid to him. Petitioner shall also be entitled to receive interest @ 6% per annum on all such dues. Compliance of this judgement be made within period of three months from the date of its receipt by the respondents. (MOHAMMAD RAFIQ), J. RS/