CWP Nos.10872 of 2004 etc. (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.9.2010 1.CWP No.10872 of 2004 A.M.Mahajan ...Petitioner VERSUS State of Haryana & Others …Respondents 2.CWP No.5738 of 2004 Ramesh Chand Jindal ...Petitioner Versus State of Haryana & Others ...Respondents 3.CWP No.17797 of 2004 Inder Singh Jain ...Petitioner VERSUS State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.M.K.Malhotra, Advocate Mr.Arun Bansal, Advocate Mr.RD Sharma, DAG, Haryana Permod Kohli, J. (Oral) CWP Nos.10872 of 2004 etc. (O&M) 2 This order will dispose of the aforesaid writ petitions as common questions of law and facts are involved in all these writ petitions. Early hearing applications are allowed. Main cases are taken up for final disposal today itself. For the sake of brevity, the facts are being taken from CWP No.10872 of 2004. The petitioners joined as Demonstrators in Mechanical Engineering Department of respondent no.4-Vaish Technical Institute. The petitioners stood retired on attaining the age of superannuation. The grievance of the petitioners in these writ petitions is that they have not been granted the benefit of leave encashment. It is acceded to by the learned counsel for the parties that the matters are squarely covered by order dated 30.10.2000 passed by Hon'ble Division Bench of this Court in CWP No.14188 of 1999 wherein it has been directed as under:- “Accordingly, this petition allowed and the respondents are directed to make payment of leave encashment amount that is payable to the petitioner in accordance with law with interest at the rate of 15% per annum from the date of retirement till the date of payment. The amount accordingly found payable be paid within a period of three months from the date of receipt of a copy of this order or from the date a copy of this order is supplied to the respondents.” Even Civil Appeal No.4112 of 2003 filed against the order of this CWP Nos.10872 of 2004 etc. (O&M) 3 Court granting leave encashment to a similarly situated person also stands dismissed on 12.11.2009 by the Hon'ble Supreme Court. In view of the above, the respondents are directed to make payment of leave encashment amount that is payable to the petitioners in these writ petitions in accordance with law with interest at the rate of 9% per annum from the date of retirement till the date of payment. It is further stated in paragraph 4 of CWP No.17797 of 2004 that PF amounting to Rs.2,65,000/-, difference of EPF amount, CPF amount prior to 1982 and arrears of revision of pay scales and dearness allowance have not been paid to the petitioner therein. It is clarified that if any claim mentioned in paragraph 4 of CWP No.17797 of 2004 which is exclusively payable by the respondents, has not been paid to the petitioner, the same shall be paid by the Management along with statutory interest accrued thereon. Let the needful be done within three months from the date a certified copy of this order is received by the competent authority. Disposed of. Copy of this order be placed on record of each concerned file. (PERMOD KOHLI) JUDGE 17.9. 2010 MFK