2025:UHC:6095-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/537/2021 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. V.K. Kaparuwan, Advocate for the petitioner. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for State. Mr. Shobhit Saharia, Advocate for Tehri Hydro Development Corporation India Limited. 2. Petitioner was appointed as Senior Officer (Geology) in Tehri Hydro Development Corporation India Limited (THDCIL) w.e.f. 18.06.2009. He was sent on deputation to State Public Works Department as Senior Officer (Geology) w.e.f. 07.07.2009 and he served on deputation till 31.07.2016. Thereafter, he was repatriated to his parent organisation and ultimately he retired from services on 28.02.2021. 3. By means of this writ petition, petitioner has sought the following reliefs:- “I. To pass a writ, order or direction in the nature of mandamus commanding and directing the respondents 2 to immediately release the amount of contribution towards retirement dues/benefits with interest along with payment towards leave encashment with interest, in relation to the service rendered by the petitioner in the department of respondent no. 2, on deputation, from 07.07.2009 to 31.07.2016. II. To pass a writ, order or direction in the nature of mandamus commanding and directing the respondents 3 to immediately release all the retirement dues/benefits with interest along with payment towards leave encashment of the petitioner 4. Learned counsel for the petitioner submits 2025:UHC:6095-DB that even though petitioner served in State Public Works Department on deputation between the years 2009 to 2016 for a period of about 7 years, however, he has been denied benefit of leave encashment for the said period as per Rules applicable to THDCIL employees. He submits that petitioner cannot be denied the benefit of leave encashment as he was sent on deputation by THDCIL with the concurrence of the competent authority of THDCIL. 5. Learned State Counsel refers to Rule 115 and 116 of Financial Handbook, Part-II Chapter-II for contending that as parent organisation, THDCIL is liable to pay leave encashment for the period between the years 2009 to 2016. 6. Mr. Shobhit Saharia, learned counsel appearing for THDCIL per contra submits that Rule 115 and 116 relied upon by learned State Counsel will not apply to the petitioner as he was not a government servant and the provisions of Financial Book Part-II are applicable only on State employees and not on THDCIL employees. 7. He further submits that since petitioner served under the State between the years 2009 to 2016, therefore, as and when State Government will pay the contribution towards leave encashment to THDCIL, then the benefit of earned 2025:UHC:6095-DB leave will be given to petitioner. 8. Perusal of the record reveals that Senior Manager, THDCIL has issued a letter to In-charge Chief Engineer, State Public Works Department on 07.06.2023, to provide Rs. 9,75,736/- and not Rs. 3,91,877/- as offered by the State Government for paying the amount of leave encashment to the petitioner. 9. Since the authorities of State Government and THDCIL are not clear as to who has to pay the benefit of leave encashment to the petitioner and in the process, petitioner is being made to suffer, therefore, the writ petition is disposed with a direction to Chairman-cum-Managing Director, THDCIL and also to Secretary, State Public Works Department to nominate their respective representatives, who shall hold a meeting within one month from date of presentation of certified copy of this order for resolving the issue regarding liability of contribution for payment of leave encashment to the petitioner. 10. The decision taken in the said meeting shall be carried out by either of the two organisations within four weeks thereafter. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 14.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b089 23c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4 BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.21 20:08:12 +05'30' 2025:UHC:6095-DB