- (1.) Petitioner, who retired as Principal of BPSM Girls College, Khanpur Kalan, Sonepat on 31.12.2002, was released all her retiral benefits like pension, gratuity, provident fund etc. but was not given the benefit of leave encashment. Her representation in this regard was rejected by the respondents vide order dated 25.2.2011 (Annexure P-1). The aforesaid order is under challenge in this writ petition, with a further prayer, directing the respondents to grant the payment of leave encashment to the petitioner along with interest.
(2.) In support of her case for entitlement of leave encashment, petitioner has relied upon a judgment of this Court in the case of Dr. Karan Singh Rathee & ors. v. State of Haryana & ors. CWP No.3732 of 2001 decided on 20.8.2007 (Annexure P-2), wherein it was held that such a privately managed Government aided college is entitled to the benefit of leave encashment. Petitioner has further relied upon a Division Bench judgment of this Court in the case of Chand Ram Dahiya v. BPS Mahila Vishwa Vidayalaya CWP No.7343 of 2007 decided on 11.8.2008 (Annexure P-3), which reads thus:- "This petition was filed for giving retiral benefits. It is not disputed that retiral benefits have been given except leave encashment. Counsel for the petitioner relies upon judgment of this Court dated 20.8.2007 in CWP No.3732 of 2001 titled as Dr. Karan Singh Rathee and others vs. State of Haryana and others. Inspite of opportunity being given, counsel for the respondent has not been able to distinguish the said judgment. Accordingly, we direct that leave encashment be given in accordance with the judgment relied upon, within three months from the date of receipt of a copy of this order. The petition is disposed of. Sd/- Adarsh Kumar Goel Judge Sd/- Rakesh Kumar Garg Judge 11.8.2008"
(3.) Petitioner has also placed reliance upon judgment of this Court dated 11.5.1998 passed in CWP No.16997 of 1997 titled as Jagdev Singh Dalal v. State of Haryana in support of her claim.;