Sr. No. 25 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP (C) No.1590/2022 Vinod Koul and Ors. …Petitioner(s) Through: Mr. O.S Bandral, Advocate V/s U.T of J&K and Ors. ... Respondent(s) Through: Mr. S.S Nanda, Sr.AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 03.03.2025 01. The petitioners, who happen to be the ex-employees of the Jammu and Kashmir Handloom Development Corporation, claim that they are entitled to leave encashment salary. It is being claimed that petitioner No. 5 is entitled to leave encashment on the basis of salary calculated in accordance with the recommendation of 6th Pay Commission, whereas petitioners No. 1 to 4 are entitled to leave encashment on the basis of the salary calculated in accordance with the recommendation of 7th Pay Commission and petitioner Nos. 6 and 7 are entitled to ten months salary on account of leave encashment. 02. Respondents in their reply have not disputed the entitlement of the petitioners but they have stated that because of the precarious financial condition they are not even able to pay the salaries of regular employees and, therefore, the dues of the petitioners are not being paid. It has been submitted by the respondents that the matter in this regard has already been taken with the Government and as and when the financial health of the respondents improves or the government keeps at their disposal funds for meeting the liability of the petitioners, the same would be released in their favour. 03. Heard and considered. 04. The petitioners, who are admittedly the ex-employees of respondent-Corporation have put in their services and given their youth to the respondent-Corporation. After their retirement they cannot be made to suffer just because the financial health of the respondents is not in great shape. The retiral benefits available to an employee is his hard earned money. An employer by releasing the retiral benefits in favour of an employee is not doing any charity. The entitlement to retiral benefits is a Constitutional Right available to an employee, who cannot be deprived of the retiral benefits except in accordance with law. Poor financial health of respondent-Corporation cannot be a ground to deny the petitioners their retiral benefits. 05. In view of the above, the writ petition is allowed and a direction is issued to the respondents to pay the dues of leave encashment on the rates and for the period as may be admissible to them under the rules of the Corporation. The needful be done by the respondents within a period of three months from the date, a copy of this order is made available to the respondents, failing which the amount of dues shall carry interest at the rate of 6% per annum from the date of this order till the same is paid to the petitioners. 06. Disposed of, accordingly. (SANJAY DHAR) JUDGE Jammu 03.03.2025 AKHILESH