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1 - 2 of 2 (0.24 seconds)No. 627366-A J.W.O. R.S. Prajapati vs Union Of India (Uoi) And Ors. on 20 April, 2007
11. As regards delay in making the payment of leave
encashment to the applicant is concerned, it is stated that the
respondents have not given any cogent and plausible
reasons/grounds on which the action of the respondents can be
said to be justified. In the Counter Affidavit, the respondents
did not disclose the concrete reasons for not paying the amount
of Leave encashment for a period of two years. In this regard, it
is stated that though there is no specific rule for payment of
interest on the delayed disbursement of leave encashment, but
since the respondents have failed to disclose any valid
reason/ground for not paying the amount of leave encashment
in time and it has been paid after a period of two years and as
such the applicant is entitled for payment of interest thereon. If
the respondents have taken prompt and logical action on the
issue of payment of leave encashement, then certainly the
respondents could have avoided two years in making the
payment. Similar controversy came up before this Tribunal in
O.A. No. 595 of 2011 in re. Dr. R.S. Prajapati Vs. Union of
India & Others which came to be disposed of with certain
directions. The ratio laid down in the said case is squarely
applicable in the case, in hand, as the respondents have failed to
disclose any reason/ground for delay in making the payment of
leave encashment.
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