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Himachal Pradesh High Court · body

2010 DIGILAW 489 (HP)

ROOP LAL v. HIMACHAL PRADESH ROAD TRANSPORT CORPORATION

2010-03-16

RAJIV SHARMA

body2010
JUDGMENT Rajiv Sharma, J.(Oral)-Petitioner has not been granted the benefit of Assured Career Progression Scheme after putting in requisite number of 16 years. He is also aggrieved by the non-grant of leave encashment of 12 days earned by him with effect from 9.9.2002 to 31.1.2003. The case of respondent-corporation, in a nutshell, is that case of the petitioner was considered for the grant of Assured Career Progression Scheme, but the Committee had opined that his 50% service record was not adjudged good and he could not be granted the monetary benefit. In other words, case was rejected by the competent authority on 10.11.2003. He was entitled to get the benefit of Assured Career Progression Scheme in the year 2001. 2. He has been promoted to the post of Chief Inspector in the month of May, 2002. It suggests that petitioner was found suitable and his record was scrutinized thoroughly before he was promoted. 3. Nothing adverse was found against him. It is very intriguing to note that when petitioner has been found suitable for promotion to the higher post, i.e. Chief Inspector, why he has not been found suitable for the release of Assured Career Progression Scheme that too from November, 2001. Consequently, the decision of respondents dated 10.11.2003 is declared void. 4. There is no reason forthcoming why the petitioner has not been paid leave encashment of 12 days earned by him with effect from 9.9.2002 to 31.1.2003. Every employee has a right as per law to get the benefit of leave encashment. 5. Accordingly, the petition is allowed. Respondents are directed to consider the case of petitioner for the grant of benefit accruing under the Assured Career Progression Scheme with effect from November, 2001 after taking note of the fact that petitioner stood promoted to the post of Chief Inspector with effect from May, 2002. Respondents are further directed to release the amount of leave encashment of 12 days earned by petitioner with effect from 9.9.2002 to 31.1.2003. Needful be done within a period of six weeks from today. There shall, however, be no order as to costs.