CWP 3481/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.3481/2006 Smt. Banas Bai & (4) Ors Versus District Collector (L.R.) Baran Date of Order ::: 19/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. S.L.Songara, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondent State Instant petition has been filed by legal representatives of deceased Chhitarlal who was compulsorily retired from service while holding post of Patwari w.e.f. 14/07/2000 in public interest in exercise of powers U/r 53(1) of Rajasthan Civil Services (Pension) Rules, 1996 (“Rules, 1996”) as is evident from order dt. 10/07/2000 (Ann.1). Only grievance raised herein is that Government servant Chhitarlal was entitled for encashment of unutilised privilege leave in terms of R.91 of Rajasthan Civil Service Rules. In support, counsel for petitioner placed reliance upon decision of this Court (Division Bench) in DD Khunteta Vs. State (1995(1) RLR (Raj) 419). In their reply to the petition respondents inter-alia averred that benefit of leave encashment is extended only to those who were compulsorily retired from service w.e.f. 20/09/2001 as per notification dt.29/09/2001 and CWP 3481/06 //2// Chhitarlal having been compulsorily retired from service prior thereto (10/07/2000) was not entitled to leave encashment claiming U/r 91 of RSR. Controversy raised before this Court is as to whether benefit of leave encashment U/r 91-B (i) of RSR is applicable to employees who are compulsorily retired not as a measure of penalty. Identical issue as regards discrimination among compulsorily or voluntarily retired personnel for seeking benefit of unutilised leave encashment was examined by Division Bench of this Court in D.D.Khunteta Vs. State (supra) and observed ad infra: “(16). After hearing the learned counsel for the parties and giving our anxious thought over the matter, we are of the view that the petitioner though was compulsorily retired under Rule 244 (2), is also entitled to the benefits contained under Rule 91(b) giving benefit to the employees who sought voluntary retirement under Rule 244(1) of the Rules.” It appears that after judgment (supra), appropriate amendments were made and benefit of leave encashment was made applicable to employees compulsorily retired from service other than a measure of penalty; and disparity among compulsorily retired U/r 53 of Pension Rules, 1996 CWP 3481/06 //3// (Old R.244(2) of RSR) or voluntarily retired U/r 50(1) (Old R.244(1) of Rules, 1996 has been ruled out. Taking note of judgment of Division Bench (supra), objection raised by Government Counsel that leave encashment for compulsorily retired personnel was introduced vide notification dt.29/09/01, is of no substance. Despite there being judgment of Division Bench rendered way back on 09/02/1995 and amendment introduced later on, still the petitioner was forced to file instant petition for legitimate claim, for belated payment the petitioner is also entitled to interest @9% per annum U/r 89 of Pension Rules, 1996. Consequently the writ petition succeeds and is hereby allowed. Respondent is directed to make payment of encashment in lieu of leave which remained unutilised while being compulsorily retired, alongwith interest @ 9% p.a., from the date of his retirement (on 14/07/2000) till actual payment. Compliance of this order be made within two months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/3481CW06-1911SurLv.doc