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2005 DIGILAW 874 (RAJ)

Gyanchand v. The Secretary P. W. D.

2005-03-21

V.K.BALI

body2005
Judgment V.K. Bali, J.-The prayer made in this writ petition filed under Article 226 of the Constitution of India, is to issue appropriate writ directing the respondents to consider the case of the petitioners for leave encashment or earned leave from the date they were taken in to regular establishment and give the interest on the amount that may be due. 2. Bereft of unnecessary details, the bare minimum facts of the case that need to be mentioned reveal that the petitioners were appointed as Work Charge Employees. After ten years, they were given permanent status and thereafter, their services were regularised and they were taken into permanent establishment. The services of the petitioners were initially governed by the Work Charge Service Rules but thereafter, when they were taken into regular establishment, they became Government servant and would be thus governed by the Rajasthan Service Rules. The date of regularisation of all the petitioners has been given in paragraph 4 of the writ petition. 3. On the basis facts as mentioned above, when the petitioners were declined the benefits as admissible under the Government Rules with regard to leave encashment or earned leave, they approached this Court for the relief already indicated above. 4. In reply to the notice issued by this Court, the respondents have filed written statement and contested the cause of the petitioners. Learned Counsel for the petitioners states that the matter herein is squarely covered by the decisions of the Division Bench of this Court rendered in the case of State of Rajasthan & Ors. vs. Kishan Lal & Ors., D.B. Civil Special Appeal (Writ) No. 61/2003 decided on 27.07.2004 as also in the case of State of Rajasthan & Ors. vs. Shankar Lal & Ors., D.B. Civil Special Appeal (Writ) No. 386/2003 decided on 18.01.2005. 5. vs. Kishan Lal & Ors., D.B. Civil Special Appeal (Writ) No. 61/2003 decided on 27.07.2004 as also in the case of State of Rajasthan & Ors. vs. Shankar Lal & Ors., D.B. Civil Special Appeal (Writ) No. 386/2003 decided on 18.01.2005. 5. Without disputing the applicability of aforesaid two Judgment s of the Division Bench of this Court, as mentioned above, it is however, being vehemently urged by the learned Counsel for the respondents that the Rules known as Rajasthan Public Works Department (Buildings and Roads) including Gardens, Irrigation, Water Works and Ayurvedic Departments, Work-charge Employees Service Rules, 1964 were not taken in to consideration and by virtue of Rule 16 of the aforesaid Rules, the Work Charge Employee is not entitled to the benefit of leave encashment or earned leave and a regular Government employee is only entitled to the same. This argument has to be rejected straight away. Surely, the petitioners started their career as a work charge employee and thereafter, their services were regularised and they were taken on regular establishment. Once, their status enhanced from work charge to regular employee, the Rules of 1964 cannot be held applicable to them. The applicability of Rules of 1964 came to an end immediately when they were taken on regular establishment. The only defence projected by the respondents in opposing the cause of the petitioners is thus found to be hollow and consequently, rejected. 6. In view of the discussions made above, the writ petition is allowed. The directions issued by the Division Bench of this Court in the aforementioned two Judgment s with regard to leave encashment or earned leave, would be applicable in the instant case as well. Since, the matter relates to leave encashment or earned leave, the respondents are directed to comply with the directions within thirty days from today. 7. The parties are left to bear their own costs.