Himachal Pradesh High Court
Rattan Lal vs . Hrtc & Ors. on 5 July, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
.
CWP No.1910/2021
dA 5.7.2022 Present: Mr. Vijay Chaudhary, Advocate, for the petitioner.
Mr. B.C. Negi, Sr. Advocate with Mr. Udit Shaurya Kaushik, Advocate, for the respondents. CMP No.6288/2022
Allowed, as prayed for. The documents accompanying with the application are ordered to be taken on record. Application stands disposed of. CWP No.1910/2021
Learned Senior Counsel representing the respondent has brought to our notice the judgment rendered by learned Division Bench of this Court in CWP No.4760 of 2012 titled Sarwari Begum & Ors. vs. Himachal Road Transport Corporation & anr; decided on 26.7.2012, wherein it was held that there was no provision for encashment of the compensatory leave and the same could have only been availed by the employee while in service or else the same would only lapse. It has further been held that there is no provision for accumulation and encashment of compensatory leave.
2. On the other hand, learned counsel for the petitioner would invite attention of this Court to the documents accompanying CMP No.6288/2022 to establish that even after the judgment of this Court in Sarwari Begum (supra), respondents have released the amount of compensatory leave to Shri Ram Kishan, Shri Rishi Raj, Conductors and in addition to one Shri Sant Ram also. Not only this, the Board of Directors in its 145 th meeting held on 17.2.2019, has decided to carry forward compensatory ::::: Downloaded 2 :: on - 06/07/2022 20:03:53 :::CIS .
leave till December, 2019, as is evident from instructions dated 8.3.2019.
3. Confronted with this, learned Senior Counsel representing the respondents prays for and is granted two weeks' time to obtain instructions. List on 19th July, 2022.
( Tarlok Singh Chauhan)
r Judge
( Chander Bhusan Barowalia )
Judge
5th July, 2022
(CS)
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