QAMRUNNISHA MOHAMMED HASHIM Vs. MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS
LAWS(BOM)-2017-12-302
HIGH COURT OF BOMBAY
Decided on December 04,2017

Qamrunnisha Mohammed Hashim Appellant
VERSUS
Municipal Corporation Of Greater Mumbai And Ors Respondents

JUDGEMENT

B.R. Gavai, J. - (1.) Heard. Rule. Rule is made returnable forthwith. Learned counsel Mr. Sagar Patil waives service of notice for Respondent Nos. 1 to 4; learned AGP waives service of notice for Respondent No. 5. By consent of parties, petition is taken up for final hearing.
(2.) The Petitioner has approached this Court, praying for a direction to the Respondent Nos. 1 to 4 to pay an amount of Rs. 1,56,265/- towards earned leave benefit. The Petitioner also claims interest alongwith the same. The Petitioner was working in the Respondent No. 1 as a Head Teacher and she had retired from the services as a school Teacher in Tardeo Municipal Urdu School, Mumbai, on 1st July, 2005. According to the Petitioner while paying her terminal benefit, amount of Rs. 1,56,265/- has not been paid to her. As such, she has approached this Court.
(3.) The Respondent Corporation has filed an affidavit in reply in response to the notice issued by this Court. In the said affidavit it is stated that the Petitioner has been paid all terminal benefits. However, insofar as the leave encashment is concerned, it is stated that Petitioner was entitled to Rs. 1,72,565/- towards leave encashment + an amount of Rs. 76,794/- towards 6th Pay Commission arrears = Rs. 2,49,362/-. However, the Petitioner was paid excess amount towards FRZ (DA), amounting to Rs. 70,906/-, and was also paid excessively arrears amount of Rs. 26,343/-. It is therefore, stated that Petitioner was excessively paid total amount of Rs. 97,249/- by Respondent No. 1, and as such, the amount of Rs. 1,08,379 = (Rs. 97,249 + 11,130/- towards income tax) has been deducted from the outstanding amount payable to the Petitioner. It is therefore, submitted that as such, amount of Rs.1,40,983/- is sanctioned towards leave encashment.;


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