Encash earned leave of teacher: Bombay HC tells BMC

Mumbai: The Bombay high court has directed the BMC to encash the earned leave amount of a retired primary school teacher within one month. According to the petition, the BMC had refused to give her money saying it has already paid excess money to her when she retired. The court refused BMC’s contention citing Supreme Court judgment. The petition stated that she must be given Rs 1,56,265 as the earned leave amount.

A division bench of Justice B.R. Gavai and Justice Manish Pitale was hearing a petition filed by Qamrunnisha Mohammed Hashim, who was working as a school teacher in Tardeo Municipal Urdu School. She retired on July 1, 2005. She claimed that BMC didn’t pay Rs 1,56,265 which was her terminal benefit.

BMC in its affidavit stated that they have paid all the terminal benefits to her.  However, she was paid an excess amount of Rs 1,08,379 towards DA and other arrears and therefore it was deducted from her terminal benefits.

The court said, “It is the settled position of law that if an excess amount is paid to an employee on account of erroneous pay fixation, which is not attributed to such an employee, no such recovery would be permissible in law”. For this, the court had relied on the Apex court judgment.

The HC stated holding a recovery of Rs 1,08,379 is bad in law and directed the BMC and other three respondents to pay an interest at 6 per cent per annum from the date on which the petitioner was entitled to receive the said amount.