Decided On : 03.10.2024 vs State Of H.P. & Anr
2024 Latest Caselaw 14811 HP

Himachal Pradesh High Court

Decided On : 03.10.2024 vs State Of H.P. & Anr on 3 October, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                        2024:HHC:9517


         IN THE HIGH COURT OF HIMACHAL PRADESH AT
                                                        SHIMLA
                                                                              CWP No. 4209 of 2023
                                                                             Decided on : 03.10.2024
Rakesh Kumar
                                                                                        ...Petitioner
                                                          Versus
State of H.P. & anr.
                                                                                     ...Respondents
Coram

Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?1
For the petitioner                             :          Mr. Jagan Nath, Advocate.
For the respondents :                                     Mr. Rajpal Thakur, Additional
                                                          Advocate General.
Ajay Mohan Goel, Judge (Oral)

By way of this writ petition, the petitioner has, inter

alia, prayed for the following reliefs:-

"(i) That the directions may kindly be issued to the

respondents to pay the Earned Leave Amount along

with interest @ 18% per annum to the petitioner with

effect from due date i.e. 17.05.2015 till the date of its

realization.

(ii) That the directions may kindly be issued to the

1Whether reporters of the local papers may be allowed to see the judgment?

2024:HHC:9517 respondents to pay the interest @18% per annum on

the amount of Earned Leave amount with effect from

17.05.2014 till the date of its realization."

2. Learned Counsel for the petitioner submits that the

petitioner joined the service of the respondent-Department on

09.11.2014 and he served as such till 04.08.2016. His

grievance is that the Earned Leave to which he is entitled to,

has not been released in his favour, accordingly, his prayer is

that the Earned Leave be ordered to be released along-with

interest.

3. The stand of the Department is that the petitioner

was convicted qua the commission of offences punishable

under Sections 376D and 506 of the India Penal Code and was

awarded a sentence of Rigorous Imprisonment for 20 years

along-with fine of Rs. 25,000/-. The petitioner was thereafter

dismissed from service on 04.08.2016, by imposing a major

penalty under Rule 11(ix) of CCS (CCA) Rule, 1965.

4. Learned Additional Advocate General submits that

in terms of CCS (Leave) Rules, 1972, i.e., Rule 9(i) thereof,

except as provided in Rule 39 and said Rule, any claim to leave

to credit

2024:HHC:9517

removed or who resigns from Government service ceases from

the date of such dismissal or removal of resignation. He

submits that as the petitioner was dismissed from service after

his conviction for the commission of a heinous offence, for

which he was convicted, the petitioner is not entitled for the

Earned Leave amount, as is being prayed for, by the petitioner.

5. Learned Counsel for the petitioner could not dispute

this legal position.

6. Accordingly, as in the peculiar backdrop of the case,

this Court does not finds any infirmity in the act of the

respondents of not releasing the Earned Leave amount to the

petitioner, the petition is dismissed. Pending miscellaneous

application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel) Judge

October 03, 2024 (Shivank Thakur)