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Fateh Singh Sanwariya (Deceased) through His Legal Representatives v. Central Bank of India

Delhi HC7 May 2018W.P.(C)/972/2018

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What is this about?

The Court disposed of two writ petitions seeking leave encashment benefits for compulsorily retired employees. Relying on a recent decision, the Court directed the respondent Bank to grant the benefit within twelve weeks.

What did the court decide?

Respondent Bank to grant leave encashment benefit within twelve weeks; interest @ 6% per annum payable on arrears for three years prior to filing.

Fateh Singh Sanwariya (Deceased) through His… — Pension and Retirement Benefits | Delhi HC (2018)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: May 07, 2018

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- W.P.(C) 482/2017 & CM 2212/2017 + W.P.(C) 972/2018 & CM 4126/2018

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SUNDAR LAL

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FATEH SINGH SANWARIYA (DECEASED) THROUGH: HIS LEGAL REPRESENTATIVES

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..... Petitioners

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Through: Mohd. Sajid, Advocate

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versus

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CENTRAL BANK OF INDIA ..... Respondent Through: Mr. R.S. Mathur, Advocate

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CORAM: HON'BLE MR. JUSTICE SUNIL GAUR

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O R D E R (ORAL)

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With the consent of learned counsel for the parties, the abovecaptioned two petitions have been heard together and are being disposed of by this common order.

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Learned counsel for petitioners submits that petitioners were compulsorily retired on 22^nd October, 2013 and 19^th February, 2015 respectively. Benefit of leave encashment is sought by petitioners. It is submitted by petitioners’ counsel that this Court in its decision of 19^th January, 2018 in a similar case i.e. W.P.(C) 549/2018 titled Ashok Kumar Sawhney v. Central Bank of India and Anr., has granted the benefit of

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Page 1 of 2

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W.Ps.(C) 482/2017 & 972/2018

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leave encashment to an employee, who was compulsorily retired and the said decision has attained finality. Learned counsel for respondent-Bank does not dispute the aforesaid stand taken on behalf of petitioners.

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In light of aforesaid, both these petitions are disposed of with direction to respondent-Bank to grant benefit of leave encashment to petitioners within a period of twelve weeks, failing which the arrears of leave encashment shall carry interest @ 6% per annum from May, 2018 till the date of payment.

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In the facts and circumstances of this case, it is deemed appropriate to deny the interest on the arrears of leave encashment from the date of accrual. However, the interest on the arrears would be payable only for a period of three years prior to the institution of these petitions.

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With aforesaid directions, the above-captioned two petitions and the applications are disposed of.

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(SUNIL GAUR) JUDGE

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MAY 07, 2018 s

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Page 2 of 2

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W.Ps.(C) 482/2017 & 972/2018

Fateh Singh Sanwariya (Deceased) through His Legal Representatives v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Fateh Singh Sanwariya (Deceased) through His Legal Representatives v. Central Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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