1 S.B. CIVIL WRIT PETITION NO. 8322/2008 State of Raj. & Anr. Vs. Gurdev Singh & Anr. DATE OF ORDER : 23.10.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. S.S. Ladrecha, for the petitioner. **** To challenge validity correctness and propriety of the order dated 23.1.2007 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (Bench at Jodhpur) this petition for writ is preferred. By the order aforesaid while accepting the appeal preferred by the respondent/government-servant learned Tribunal held that the denial for the encashment of privileged leave to him was not valid. It is contended by learned counsel for the petitioner while giving challenge to the order aforesaid that as a matter of fact the respondent/government-servant was retired from service compulsorily, therefore, he was not entitled to get encashment of privileged leave. I do not find any substance in the argument advanced. As per the provisions of Rule 91 B(1) of the Rajasthan Service Rules a retired government servant is entitled to get privileged leave encashed. It is also relevant to note that the retirement of the petitioner was made 2 simplicitor and not by way of penalty, as such, no wrong is committed by the Tribunal in declaring the respondent/government-servant entitled for getting the privileged leave encashed. No interference in the order impugned is warranted under Article 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR)J. jgoyal