Ram Binay Sharma vs State Of Bihar And Ors

Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs as formulated by the petitioner have been claimed in the writ petition--

“(i) For direction to the respondent authorities to make payment of leave encashment of 95 days as only 205 days payment as been in

place of 300 days.

(ii) For direction of the respondent authorities to make payment of one month salary for the financial year 2015-2016 and one month salary

for the financial year 2016-2017 in the light of the direction of the Home (Police) Department, Government of Bihar, vide Gyapank No.

4495 dated 30.06.2015 where a direction has been issued for payment of additional one month salary in every year.

(iii) For any other relief and reliefs if petitioner found entitled in the facts and circumstances of the present case.â€​

Learned counsel for the petitioner submits that despite being entitled to leave encashment for 300 days, he has been granted only 205 days’

payment and thereby he is entitled to payment for the remaining 95 days towards leave encashment.

As regards entitlement to one month’s salary for the financial years 2015-2016 and 2016-2017, he invites reference to the letter issued by the

Home Department in Memo No. 4495 dated 30.06.2015 (Annexure-2), by which such benefit had been allowed to police officials. It is submitted

however, that such claim is being denied for the periods in question as such benefit was conferred to persons in the Vigilance Investigation Bureau by

its subsequent Resolution No. 5290 dated 30.06.2017 (Annexure- C/1 to the counter affidavit).

Learned counsel for the State invites reference to its counter affidavit, inter alia, enclosing the calculation chart of leave encashment (Annexure-A)

to submit that the petitioner is entitled to only 205 days’ leave encashment. As regards the payment for one month’s extra salary for the two

years in question, it is submitted that the petitioner is not entitled to the same as such benefit was made available in respect of Vigilance Investigation

Bureau in terms of Resolution No. 5290 dated 30.06.2017, whereas the petitioner had already been transferred out of the Vigilance Investigation

Bureau prior thereto on 01.04.2017 itself.

Having heard the parties and on a consideration of materials on record, the writ petition is disposed of with a direction to the State to supply a copy

of the calculation sheet of leave encashment to the petitioner within a period of two weeks hereof. The calculation shall be finalized after granting the

petitioner an opportunity of being heard in the matter, within a period of four weeks thereafter. If any further amount is found due to the petitioner, the

same shall be paid within a further period of eight weeks from such determination.

As regards the claim for extra one month’s salary for the two years in question, the petitioner does not press the issue at this stage and instead

seeks liberty to agitate this matter in greater details, and more particularly with reference to the sustainability of Resolution No. 5290 dated 30.06.2017,

in a freshly constituted writ petition for appropriate relief, which is granted.

The writ petition stands disposed of with the aforesaid directions and observations.