S. Surjit Singh vs State Of Punjab And Others
2024 Latest Caselaw 4967 P&H

Punjab-Haryana High Court

S. Surjit Singh vs State Of Punjab And Others on 5 March, 2024

                                                          Neutral Citation No:=2024:PHHC:031283




CWP-24065-2023                                  1            2024:PHHC:031283

IN THE HIGH COURT OF PUNJAB & HARYANA
                      AT CHANDIGARH

118                                             CWP-24065-2023
                                                Date of decision: 05.03.2024

S. SURJIT SINGH                                              ....PETITIONER
                                 Vs.
STATE OF PUNJAB AND OTHERS                                   ...RESPONDENTS

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:      Mr. Jatinder Nagpal, Advocate
              for the petitioner.

              Mr. Aman Dhir, DAG, Punjab.

              Mr. Naginder Singh Vashisht, Advocate
              for respondents No.4 and 5.
           ****
JAGMOHAN BANSAL, J (ORAL)

1. The petitioner through instant petition under Articles 226/227 of

the Constitution of India is seeking directions to respondents to release leave

encashment.

2. The petitioner was working with respondent No. 5 and he has

retired on 30.11.2022 on attaining the age of superannuation. The respondent

after his retirement, issued him charge-sheet dated 30.08.2023 alleging

misconduct. The respondent, on account of said charge-sheet, has withheld

leave encashment of the petitioner.

3. Counsel for the petitioner submits that as per Full Bench judgment

of this Court in Punjab State Civil Supplies Corporation Ltd. and others vs.

Pyarelal, LPA No.113 of 2012 decided on 09.11.2012, the employer has no

right to withhold leave encashment on the ground of pending disciplinary

proceedings. The petitioner was served charge-sheet after 9 months from the

date of his retirement.

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                                                             Neutral Citation No:=2024:PHHC:031283




CWP-24065-2023                                   2         2024:PHHC:031283

4. Written statement filed on behalf of respondents No.4 and 5 is

taken on record. Registry is directed to tag the same at appropriate place.

5. Mr. Naginder Singh Vashisht, counsel for respondent No. 4 and 5

submits that there is misrepresentation of facts on the part of petitioner and

respondent has rightly withheld leave encashment of the petitioner. On

being confronted with Full Bench judgment of this Court, he expressed his

inability to controvert the fact that leave encashment is a part of pensionary

benefits and it cannot be retained despite pendency of disciplinary

proceedings.

6. The case of petitioner is squarely covered by Full Bench judgment

of this Court in Pyarelal's case (Supra). Accordingly, the present petition is

disposed of with a direction to respondents to release leave encashment of

the petitioner. The needful shall be done within 3 months from today.

  05.03.2024                                         [JAGMOHAN BANSAL]
  anju                                                   JUDGE

                  Whether speaking/reasoned          Yes
                  Whether reportable                 No




                                                            Neutral Citation No:=2024:PHHC:031283

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