Case Note & Summary
The appellant, a former Group-D employee of the Export Inspection Agency under the Ministry of Commerce, Government of India, joined service in 1983. He surrendered 158 days of earned leave for encashment during the period 01.01.1986 to 20.01.1994. By the time of his retirement, he had accrued 285 days of eligible leave. The department had already disbursed encashment for the entire 285 days, accounting for both the earlier surrender and the balance leave at retirement. The appellant, however, claimed a fresh encashment benefit for the same 158 days, relying on a letter dated 29.12.1999 written by the Additional Director, which stated that earned leave encashed between 01.01.1986 and 03.01.1994 should be treated as not availed. He contended that this letter entitled him to a double encashment. The writ petition filed by him (WP No.1766 of 2022) was dismissed by the single judge on 27.02.2024, against which he preferred the present intra-court appeal under Clause 15 of the Letters Patent. During the hearing, the Division Bench observed that the letter per se would not confer any right for double encashment. The appellant's counsel further submitted that a government clarification allowed re-credit of such leave, while the respondents' counsel sought time to obtain instructions from the department. In view of the need to ascertain the government's specific stand, the court adjourned the matter by two weeks, granting time for response.
Headnote
A) Service Law - Leave Encashment - Double Benefit - Government of India, Export Inspection Agency Rules - Leave encashment of 158 days during 01.01.1986 to 20.01.1994 already availed; at retirement total 285 days encashment paid; appellant sought additional benefit relying on letter dated 29.12.1999 stating earlier encashment be treated as not availed - Held: The letter per se does not confer any right for double encashment; matter adjourned for two weeks for government instructions (Paras 2-4).
Issue of Consideration
Whether the appellant is entitled to a fresh encashment of leave days already encashed earlier based on the letter dated 29.12.1999?
Final Decision
The court adjourned the matter by two weeks to allow the respondents to ascertain the government's stand, while observing that the letter relied on by the appellant per se does not confer a right for double encashment benefit.
Law Points
- Leave encashment rules for central government employees do not permit double benefit
- departmental letter cannot override statutory or executive instructions without verification
