Amarjeet Chaudhary, J. - (1.) THE Counsel for the parties have contended that in all the writ petitions bearing No. 10507 of 1988 Prithvi Raj Kumar v. State of Punjab, 1946 of 1989 - -Kidar Nath v. State of Haryana and Ors. 1575 of 1990, Dr. S.K. Sharma and Ors. v. State of Haryana and Ors. 4951 of 1990 K.K. Jagira v. State of Haryana and Civil Writ Petition No. 9428 of 1989 Gurdip Singh and Ors. v. State of Punjab the common questions of law and facts are involved and therefore the same be disposed of by a common judgment. So, I propose to dispose of the same by a common judgment. For the purpose of judgment, the facts have been picked up from Civil Writ Petition No. 6531 of 1989.
(2.) IN the instant writ petition the Petitioners have sought for the quashing of impugned parts of the decisions contained in Haryana Government's letters dated 18th February, 1978 and 29th April, 1989, Annexures P -1 and P -2 respectively and have prayed for issuance of a direction to the Respondents to disburse cash payment in lieu of unutilized earned leave for 240 days with 12 percent interest per annum from the date of accrual to the date of actual payment. That brief facts of the case are that the Petitioners are all retired Government Officers having retired on attaining the age of superannuation on different dates which are given below: JUDGEMENT_107_LAWS(P&H)9_1990.htm
(3.) THE Haryana Government, - -vide its circular letter dated 18th February, 1978 had taken a decision that Haryana Government employees retiring on superannuation on or after 31st January, 1978 would be paid cash equivalent of leave salary in respect of the period of earned leave at their credit at the time of retirement. According to this decision the payment of cash equivalent of leave salary was limited to a maximum of 180 days earned leave. Subsequently the limit of 180 days was raised to 240 days by the Haryana Government, - -wide its letter dated 29th April, 1987 (Annexure P -2). This decision was applicable with effect from 1st July, 1986 and the benefit of leave encashment upto 240 days was to be extended to those employees who were to retire on 1st July, 1986 or therefore. In view of this communication, all the Petitioners, except Petitioners No. 1, 8 and 12, availed of the benefit of leave encashment upto 180 days though as per averment in the writ petition, the un -utilized earned leave at their credit at the time of retirement exceeded 180 days.;