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2026 DAILYLAW 36084 (PNJ)

AJIT KUMAR VASHISTHA v. THE STATE OF HARYANA AND OTHERS

CWP/25505/2026 · 2026-08-13

Harpreet Singh Brar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

135 CWP-25505-2026 Date of Decision: 13.08.2026 Ajit Kumar Vashistha .....Petitioner VERSUS State of Haryana and others ..Respondents Present : Mr. P.L. Verma, Advocate for the petitioner. 1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ or order in the nature of mandamus directing the respondents to release his leave encashment benefits of 100 days along with 18% interest p.a. on delayed payment of same from due date i.e. 01.05.2024 with all consequential service benefits. 2. Learned counsel for the petitioner, inter alia, contends that petitioner who was serving as a Sergeant in the Indian Air Force, retired from service on 30.11.2007 and was thereafter selected PUNEET CHAWLA 2026.08.14 10:34 I attest to the accuracy and integrity of this document and appointed to the post of Post Graduate Teacher (Political Science) through direct recruitment after qualifying the competitive examination. It is submitted that at the time of his appointment, his pay was fixed at the initial stage and he was not granted the benefit of his past service either for the purpose of pay protection or seniority. It is further submitted that the petitioner ultimately retired from the said post on 30.04.2024 on attaining the age of superannuation and, at the time of his retirement, 100 days of earned leave stood to his credit, the encashment whereof has not been released to him till date. 2.1 Learned counsel further submits that in a similar case concerning one Shri Ram Babu, PGT (English), an ex-serviceman, the benefit of leave encashment has already been released. It is, thus, contended that the petitioner submitted a representation dated 09.04.2026 (Annexures P-2 and P-3) seeking release of encashment of 100 days of earned leave, but no action has been taken thereon till date. 2.2 At this stage, learned counsel for the petitioners submits that he would be satisfied if a direction is issued to respondent No.2/competent authority to consider and decide the representations dated 09.04.2026 (Annexures P-2 and P-3), respectively, by passing a reasoned and speaking order, in accordance with law, within a stipulated period. 3. Learned State counsel submits that he has no objection if a direction is issued to respondent No.2/competent authority to consider and PUNEET CHAWLA 2026.08.14 10:34 I attest to the accuracy and integrity of this document decide the representations dated 09.04.2026 (Annexures P-2 and P-3), respectively by passing a reasoned and speaking order, in accordance with law and within a stipulated period. 4. In view of the limited prayer made by learned counsel for the petitioner and without expressing any opinion on the merits of the claim, the present writ petition is disposed of with a direction to respondent No.2/competent authority to consider and decide the representations dated 09.04.2026 (Annexures P-2 and P-3), respectively by passing a reasoned and speaking order, in accordance with law within a period of three months, from the date of receipt of a certified copy of this order. The decision so taken shall be duly communicated to the petitioners forthwith. 5. Needless to say, if the petitioner is found entitled to the relief sought, the same be granted forthwith by respondent/competent authority. 6. Pending miscellaneous application(s), if any, shall also stands disposed of. !"#!#$ !" # $ %& " # PUNEET CHAWLA 2026.08.14 10:34 I attest to the accuracy and integrity of this document