Rajasthan High Court - Jaipur
Smt Bhagwati Sharma vs Naresh Pal Gangwar And Ors on 26 August, 2017
Author: Mn Bhandari
Bench: M.N.Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
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_____________________________________________________
For Petitioner(s) : Mr. Vineesh Williams
For Respondent(s) : Mr. SK Gupta, Additional Advocate General
Mr. Rajendra Prasad, Additional Advocate General _____________________________________________________ HON'BLE MR. JUSTICE M.N.BHANDARI Judgment 26/08/2017 It is stated that due benefit arising out of the judgment has been extended other than leave encashment and gratuity. The cheque for payment of the amount of interest has been given in (2 of 2) [ CCP-708/2017] the court. It is @ 18% per annum. The benefit of leave encashment and gratuity has not been determined and paid as the petitioner is still in service.
Learned counsel for the petitioner submits that the benefit of leave encashment and gratuity should have been given pursuant to the judgment of this court.
I have considered rival submissions of the parties and perused the record.
By the judgment dated 05.12.2016, a direction was given for payment of arrears of pay on fixation, leave encashment, gratuity and selection scale. The direction aforesaid has been given despite the petitioner being in service. The benefit of leave encashment and gratuity is payable at the time of retirement thus is not payable at this stage. The other payments along with interest has already been paid thus while disposing this contempt petition, it is made clear that the rights of the petitioner regarding leave encashment and gratuity etc. would remain alive and would be payable at the time of retirement.
(MN BHANDARI) J.
sunita/98