Allowed

Babulal v. the Union of India through the Engineer in Chief and Ors.

Jharkhand HC19 Jul 2021WPC/4014/2014

Case brief

AI extract

What is this about?

The petitioner, a superannuated Grade-IV employee, challenged the non-disbursement of leave encashment for over 13 years. The Court directed the respondents to pay the amount within two weeks with 12% per annum interest from May 2008.

What did the court decide?

Direction to disburse leave encashment within two weeks with 12% per annum interest from May 2008.

Babulal Vs the Union of India through the… — Pension and Retirement Benefits | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 4014 of 2014

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Babulal..…................ Petitioner(s)

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Versus

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The Union of India

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The Chief Engineer, Military Engineering Services, Jabalpur

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The Chief Engineer, Military Engineering Services, Lucknow

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The Garrison Engineer, MES, Club Road, Ranchi

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The Station Commander, Military Engineering Services

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Station Headquarter, Ranchi………… Respondent(s)

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Coram: Hon’ble Mr. Justice Ananda Sen

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Through:-Video Conferencing

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…… For the Petitioner : Mr. Anil Kumar Sinha, Advocate For the UOI : Mr. Laxman Kumar, Advocate

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13/19.07.2021 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 10.30 A.M. They have no complaint in respect to the audio and video clarity and quality.

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The petitioner superannuated from service on 30^th April, 2008. Though his retiral dues have been paid, yet the amount of leave encashment has not been disbursed to him. Even after expiry of 13 years the amount of leave encashment has not been paid to the petitioner. This non-payment has forced a retired 4^th Grade Employee to approach this Court.

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A single farthing, which a Grade-IV employee is entitled to receive on his superannuation, is valuable property for him. He cannot be deprived of the same. It is surprising that no steps have been taken by the respondents for payment of the aforesaid amount. The respondents also cannot take credit by saying that they have paid all the other retiral dues. Even non-payment of retiral dues under anyone head itself shows that the entire retiral dues have not been paid.

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In this case, time was granted to the respondent to inform this Court as to whether the amount of leave encashment has been paid or not

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-3-

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but, in spite of giving two opportunities, the respondents have failed to inform this Court. The facts remain from the arguments of the parties that the amount of leave encashment has not yet been paid to the petitioner. Considering the aforesaid fact, I direct the respondents to immediately disburse the amount of leave encashment to the petitioner within two weeks from today alongwith an interest @ 12% P.A. from May, 2008 till the date of payment, if not already paid.

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With the aforesaid direction, this writ application stands disposed

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of.

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Ananda Sen, J )

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Mukund/-cp.2

Babulal v. the Union of India through the Engineer in Chief and Ors.

Case brief

What is this about?

What did the court decide?

Babulal v. the Union of India through the Engineer in Chief and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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