(Per : HONOURABLE MR.JUSTICE A.L.DAVE) The appellant challenges the order passed in Special Civil Application No.20427 of 2005. The grievance is against the order passed by learned single judge to pay retiral benefits to the petitioner, within a period of six weeks from the date of receipt of the order.
Learned advocate Ms.Acharya submitted that this direction may be interpreted to include in it the pensionary benefits, which the respondent is not entitled to and therefore, this appeal.
Learned advocate Mr.Karia states that since there is no Scheme, there is no question for ascertaining a claim, so far as the pension to the respondent-petitioner is concerned.
Learned advocate Ms.Acharya submitted that the respondent-petitioner would not be entitled to encashment of leave. We are not able to accept this contention for the reason that the Appellate Authority itself has shown in the list of its liability, an amount payable to the petitioner and other employees as leave encashment dues. Therefore, the appeal cannot stand on this ground either.
In light of the above statements and since the point agitated is of the liability, we are of the view that no interference is called for in the order of the learned Single Judge. The appeal fails, stands dismissed.
The Civil Application is disposed accordingly.
[A.L.DAVE, J.] [MOHINDER PAL, J.] ..mitesh..
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