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Bombay High Court

PANDHARINATH GORAKH CHAUDHARYversusEDUCATION OFFICER SECONDARY ZILLA PARISHAD DHULE AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered that the petitioner submit a detailed leave encashment proposal, after which the management and Finance Officer must process and, if entitled, release the payment within the prescribed timelines.

Summary

The petitioner, Pandharinath Gorakh Chaudhary, filed a writ petition seeking the release of payment for his earned leave encashment from the Education Officer (Secondary) of Zilla Parishad Dhule and related authorities. The Court examined whether the petitioner was entitled to such encashment under the applicable service rules. It found no dispute on the entitlement but required the petitioner to formally submit a detailed proposal with calculations. The Court directed the management to forward the proposal to the Finance Officer for consideration. Upon receipt, the Finance Officer must decide the claim and, if valid, release the payment within stipulated timeframes. The petition was therefore disposed with specific procedural directions.

Issues considered

  • What procedural steps must the petitioner follow to claim earned leave encashment?
  • Whether the respondent authorities are obligated to release payment upon verification of entitlement.

Subjects

  • leave encashment
  • service rules
  • payment direction
  • writ petition
  • administrative law

Judgment

2026:BHC-AUG:24494-DB


                                                  1                     22-WP-9940-23.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 9940 OF 2023

                              PANDHARINATH GORAKH CHAUDHARY
                                            VERSUS
               EDUCATION OFFICER (SECONDARY). ZILLA PARISHAD DHULE AND
                                            OTHERS
                                                ...
              Mr. R.S. Pawar, Advocate h/f Mr. S.R. Dheple, Advocate for Petitioner
              Mr. S. K. Tambe, AGP for Respondent/State
              Mr. Surendra V. Suryawanshi, Advocate for Respondent Nos.2 And 3
                                                ...

                                       CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.
                                        DATE : 22nd JUNE, 2026

              PER COURT :

              1.           By this petition, the petitioner seeks directions to

              respondent Nos.1 and 2 to release payment of his earned leave

              encashment.

              2.           The Writ Petition is disposed of by directing petitioner to

              place his proposal of leave encashment along with calculations

              before respondent Nos.2 and 3 – Management, within a period of

              four   weeks   from   today.   On   receipt   of   such    proposal,     the

              Management shall process the same and forward it to respondent

              No.1, within a period of four weeks thereafter. Respondent No.1

              shall decide the said proposal and release payment to the

              petitioner, if he is entitled, within a period of eight weeks thereafter.



              (ABASAHEB D. SHINDE, J.)                (NITIN B. SURYAWANSHI, J.)



              SVH


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