DHYAN SINGH v. GOVT. OF NCT OF DELHI & Ors.

to the contention of the respondents on the question of service book. The said portion which records the contention of the respondents, reads as under: “4…………Further, the applicant took his service book personally to G.B.S.S. School, Bawana for its completion along with the office letter dated 24.2.1999. He failed to the service book completed and, therefore, the respondents had to make special efforts to get back his service back(sic) duly completed. At long last, the applicant‟s service book was received on 20.12.1999…...”

8. In spite of the aforesaid contention and defence of the respondents, the tribunal has allowed the original application and has directed payment of interest on provisional pension from 1st March, 1999 to the date of actual payment of arrears of provisional pension. Thus, there is a contradiction in the order of the tribunal. Interest had been awarded on belated payment of provisional pension, in spite of the contention of the respondents that the service book was taken by the petitioner for completion and was not returned after it was duly completed. However, while examining the question of payment of interest on W.P. (C) No. 4941/2002 Page 6 of 8 leave encashment, the same ground and reason has been upheld and applied to deny interest. The order of the tribunal awarding interest on belated payment of provisional pension has been accepted by the respondents. We also find that under the relevant rules, leave encashment had to be calculated and paid suo motu by the respondents. The petitioner in this connection has referred to Rule 139 (2)(a) of CCS Leave Rules, 1972, which reads as under: “139. Leave/Cash payment in lieu of leave beyond retirement, compulsory retirement or quitting of service.- (2)(a) Where a Government servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing authority service, competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for [earned] leave, if any, at the credit of the Government servant on the date of his retirement, subject to a maximum of 300 days.”

9. In terms of the said Rule, the leave encashment should have been paid by the respondents themselves and did not require any effort or steps to be taken by the petitioner. Accordingly, the petitioner will be entitled to interest on the leave encashment amount of Rs. 92,192/- from 1st March, 1999 till 31st December, 1999 @ 15% per annum. W.P. (C) No. 4941/2002 Page 7 of 8

10. In the counter affidavit filed by the respondents it is stated that several amounts are to be recovered from the petitioner on account of licence fee, etc. It is stated that even after adjustment, a balance of Rs.83,243/- was to be recovered from the petitioner. The said counter affidavit was filed on 9th November, 2005. The interest amount now awarded to the petitioner will be set off against the dues, which are payable by the petitioner to the respondents. If any balance amount is still payable to the petitioner, the same will be paid to him within a period of two months from today. The claim and quantum can be contested by the petitioner before the authorities and, if required, in appropriate proceedings. Dispute if raised in writing will be decided by the authorities within four weeks thereafter.

11. With the aforesaid directions, the writ petition stands disposed of. In the facts and circumstances of the case, there will be no order as to costs. -sd- (SANJIV KHANNA) JUDGE -sd- (DIPAK MISRA) CHIEF JUSTICE JUNE 1, 2011 VKR W.P. (C) No. 4941/2002 Page 8 of 8