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2013 DIGILAW 597 (HP)

T. R Sharma v. Y. S Parmar, University

2013-06-25

DEV DARSHAN SUD, SANJAY KAROL

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JUDGMENT DEV DARSHAN SUD, J. 1. THE grievance of the petitioner is that he had 26 days earned leave as un-utilized leave in his account when he was serving in Central Potato Research Institute, Shimla and this benefit has not been granted to him by the respondent who is his subsequent employer. The petitioner stands retired from Dr. Y.S Parmar, University of Horticulture and Forestry, Nauni, District Solan, where he has served after CPRI. We find a communication addressed to the Assistant Registrar (Pension), Dr. Y.S Parmar University of Hort. & Forestry, Nauni-Solan, H.P. Annexure A-17 dated 27.4.2004 whereby details have been sent by the Sr. Administrative Officer stating :- "Reference your letter No. UHF/Compt/Pen/2-270/2003/9770-73 dated the January, 2004 on the subject cited above. In this connection, as stated earlier that the old records have already been weeded out hence this office is unable to submit the required information. However, the some information is submitted as under on the basis of entries available in the 1st Vol. of the Service Book of Shri Tilak Raj Sharma. 1. In the Service Book of Shri Tilak Raj Sharma, his pay has been shown Rs. 500/- as on 1.7.1979 in the pay scale of Rs. 425-15-500 EB 560-20-700. Accordingly his next increment due on 1.7.1980 which has to be granted after clearing the efficiency bar. As stated above that the records relating to clearance of EB is not available hence the clarification for not granting the Ann. Increment cannot be explained at this belated stage. 2. ACCORDINGLY the pensionary liabilities have been recalculated by taking his last pay drawn Rs. 500/- pm. The total amount of terminal retirement benefits comes to Rs. 25155/- out of which Rs. 15000/- has already been remitted to the University through Bank Draft No. 57191 dated 1.12.1994 and the balance amount of Rs. 10155/- is also sending herewith in the shape of BD No. 074191 Dated 29.3.2004 for Rs. 10155/- along with the revised calculation sheet for your information. 3. As per the entries available in the Service Book, Dr. Sharma has 26 days Earned Leave as un-utilized earned leave in leave account for which no encashment has been made to him. The service Book of Shri Sharma is also enclosed herewith for taking further action." 2. 10155/- along with the revised calculation sheet for your information. 3. As per the entries available in the Service Book, Dr. Sharma has 26 days Earned Leave as un-utilized earned leave in leave account for which no encashment has been made to him. The service Book of Shri Sharma is also enclosed herewith for taking further action." 2. We find that the question of 26 days earned leave as un-utilized leave is considered and acknowledged by the Central Potato Research Institute. Learned counsel for the respondent-University submits that amount of this unutilized earned leave has not been remitted to the University and in this eventuality, no payment has been made to the petitioner. 3. IN these circumstances, we dispose of the petition with a direction to the respondent-University to ask the authorities in the Central Potato research Institute to remit the amount due (if permissible in law) to the petitioner for 26 days earned leave/un-utilized leave, which fact has been accepted by the institution in his communication Annexure A-17 supra. This shall be done within two months by the authorities considering the fact that this petition pertains to the year 2004 and now we are in the year 2013. 4. PETITION disposed of, as also the pending application(s), if any.