More than 300 Days Leave Accumulation

Govt Emploees Reemployed Exsm allowed More than 300 Days Leave Accumulation : Order by High Court

Leave accumulation is an important benefit , allowed to every Govt & PSU/ Autonomous  Org employees.  Your accumulated leave beyond 300 days is not taken into account even after you have not unutilized leave in your leave account.  The matter fhas been brought to the Court and an important verdict has been given by the High Court.

 “If an employee is entitled to leave encashment for maximum limit of 300 days, that does not mean that the accumulated un-utilized leave is to be reduced to 300 days, if it exceeds the said maximum limit of 300 days. The earned leave will continue to accumulate till the retirement of the petitioners and the petitioners are to be granted the maximum benefit of 300 days, as stated in the rules”,  says P&H  High Court, Chandigarh. The court order as passed by the P&H High Court is described here :-

Punjab-Haryana High Court  has ordered in the case of two Govt employees  on 5 October, 2016 vide case No 204 (2) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH  on CWP No. 13702 of 2014 (O/M) Date of decision : 5.10.2016.

The verdict was given by Hon’ble Judges regarding rule position/ methodology  on accumulation of Earned Leave beyond 300 days for the Govt employee.  The unfortunate controversy arising in the writ petition is the method of calculation of EL, in which the Department (Employer ) of two State Govt Employees calculated the un-utilized earned leave of the petitioners (name not be disclosed here). The petitioners have sought the quashing of the impugned orders 30.4.2014  and claim that they are entitled to leave encashment of 300 days un-utilized earned leave.

The learned counsel for the petitioners claims that the petitioner No. 1 is entitled to 300 days leave encashment and the petitioner No. 2 is entitled to 268 days leave encashment, whereas the petitioner No. 1 has been granted the benefit of leave encashment of 257 days and the petitioner No. 2 has been granted the benefit of leave encashment of 211 days. Both the parties were directed to file the calculation sheets and accordingly, the same were filed and have been examined by this Court. 1 of 3 I have heard the learned counsels for the parties and have also carefully gone through the file.

The examination of calculation sheet produced by the advocate of the petitioner  No. 1 shows that the mischief has been done, while calculating the un-utilized earned leave on 27.4.1999, 22.5.2003 and 31.10.2007 wherein the un-utilized earned leave for 362 days, 375 days and 335 days respectively have been reduced to 300 days on the assumption that the petitioner is entitled to maximum 300 days earned leave. Similarly, in case of  Petitioner No 2 , the earned leave has been reduced on 11.8.2002, 22.5.2003 and 22.8.2003 from 308 days, 307 days and 305 days respectively to 300 days on the same assumption.

 According to the view of the Hon’ble Judge of the case concerned ,  if an employee is entitled to leave encashment for maximum limit of 300 days, that does not mean that the accumulated un-utilized leave is to be reduced to 300 days, if it exceeds the said maximum limit of 300 days. The earned leave will continue to accumulate till the retirement of the petitioners and the petitioners are to be granted the maximum benefit of 300 days, as stated in the rules. In this way, the calculation done by the respondents is not only mischievous, but wrong application of the principle of calculation of un- utilized earned leave is also there.

As such, the calculations made by the petitioners are accepted and that of the respondents are set aside and accordingly, it is held that the petitioner No. 1 is entitled to leave encashment payment to the extent of 300 days and the petitioner  No. 2 is held entitled to leave encashment payment to the extent of 268 days, whereas they have been granted the leave encashment payment to the extent 2 of 3 of 257 days and 211 days respectively. The arrears of leave encashment payment shall be released to the petitioners alongwith interest at the rate of 9% per annum from the date of retirement till payment, within two months from the date of receipt of copy of this judgment.

The respondents are further directed to hold an inquiry and fix the responsibility as to who has done the wrong calculations and take follow up action against the delinquent official for causing harassment to the petitioners and dragging the respondent-department to the Court, resulting in un-necessary expenses and wastage of time of the Court.

In this regard it must be noted that Leave accumulation and leave encashment are not the same thing. In this regard, rules governing policy for leave accumulation and encashment issued by DOP&T which is applicable to all Central Civil Services employees are as under :-

The benefit of earned leave to the maximum limit of 300 days was extended to the members of the All India Services, vide Notification No. 11019/6/97—AIS(III) dated 3rd march 1998, which was made effective from 1st of July 1997. These instructions will also come into effect from 1st of July 1997. The State Governments etc., may kindly regulate the crediting of earned leave accordingly.

Provision of Rule 26 of CCS Leave rules 1972 –  The leave at the credit of a Government servant at the close of the previous half-year shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 300 days.   Provided that where the earned leave at the credit of Government servant as on the last day of December of June is 300 days or less but more than 285 days, the advance credit of 15 days earned leave on first day of January or July to be afforded in the manner indicated under sub-rule (i) of Clause (a) of sub-rule (1) shall instead of being credited in leave account be kept separately and first adjusted against the earned leave that the Government servant takes during that half-year and the balance, if any, shall be credited to the leave account at the close of the half-year, subject to the condition that balance of such earned leave plus leave already at credit do not exceed the maximum limit of 300 days. (225 days substituted with 285 days vide DOPT Notification No. 13026/1/99-Estt. (L), dated 18.04.2002) (DOPT Notification No. 11012/1/2009-Estt.(L) dated 01.12.2009) (DOPT Notification No. 13026/2/1990-Estt.(L) dated 22.10.1990).  The overall limit for encashment of leave including both earned leave and half pay leave shall not exceed 300 days.

Rule 26(b) of CCS Leave Rules 1972 says that – The leave at the credit of a Government servant at the close of the previous half-year shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit for the halfyear do not exceed the maximum limit of 300 days. 

Pidilite WD 40 Smart Straw|All Purpose Cleaner for Home Improvement|Multipurpose Spray to Clean Chimney, Stain, and Surface|Loosen Stuck & Rust Parts, Removes Sticky Residue, & Auto Maintenance-500ML
10% off – Pidilite WD 40 Smart Straw|All Purpose Cleaner for Home Improvement|Multipurpose Spray to Clean Chimney, Stain, and Surface|Loosen Stuck & Rust Parts, Removes Sticky Residue, & Auto Maintenance-500ML – Price ₹500.00 (₹500.00 / count)

Asian Paints ezyCR8 Rust Remover Spray, for Auto Maintenance, Home Improvement, Loosens Stuck & Rust Parts, Removes Sticky Residue, Descaling, Protectant & Cleaning Agent (250 ml)
33% off – Asian Paints ezyCR8 Rust Remover Spray, for Auto Maintenance, Home Improvement, Loosens Stuck & Rust Parts, Removes Sticky Residue, Descaling, Protectant & Cleaning Agent (250 ml) – Price ₹210.00

Plantex Ladder for Home-Foldable Steel 6 Step Ladder-Wide Anti Skid Steps/Strong Wide Steps Ladder (Grey & White)
62% off Plantex Ladder for Home-Foldable Steel 6 Step Ladder-Wide Anti Skid Steps/Strong Wide Steps Ladder (Grey & White) Price – ₹9,999.00

INGCO SPG3508 Electric Spray Gun Matte Finish 450 Watt with Viscosity Measuring Cup 800 ml Capacity for Home Improvement & Industrial Use (Orange, 1 Set)
42% off – INGCO SPG3508 Electric Spray Gun Matte Finish 450 Watt with Viscosity Measuring Cup 800 ml Capacity for Home Improvement & Industrial Use (Orange, 1 Set) – Price -₹2,833.60

Rylan Adhesive Hooks 13.2LB(Max) Heavy Duty Self Adhesive Hooks Transparent Waterproof and Oilproof Wall Hooks for Kitchen Bathroom Shower Door Outdoor Home Improvement Utility Hook 5 Pack
90% off Rylan Adhesive Hooks 13.2LB(Max) Heavy Duty Self Adhesive Hooks Transparent Waterproof and Oilproof Wall Hooks for Kitchen Bathroom Shower Door Outdoor Home Improvement Utility Hook 5 Pack Price ₹999.00

TRENDIKRAFT Thin Paper Tissue Double Sided Tape for Clothes & DIY Crafts Two Way Strong Adhesive Transperant Wall Safe Tape for Home Improvement (1 INCH x 50M)
41% TRENDIKRAFT Thin Paper Tissue Double Sided Tape for Clothes & DIY Crafts Two Way Strong Adhesive Transperant Wall Safe Tape for Home Improvement (1 INCH x 50M) – Price ₹165.00

Khillayox Microfiber Cleaning Cloths, 400 GSM Reusable & Washable Cleaning Cloth | Highly Absorbent Lint and Streak-Free Multi-Purpose Wash Cloth for Kitchen Home Floor Car Window Pack of 6-25x25 cm
49% off – Khillayox Microfiber Cleaning Cloths, 400 GSM Reusable & Washable Cleaning Cloth | Highly Absorbent Lint and Streak-Free Multi-Purpose Wash Cloth for Kitchen Home Floor Car Window Pack of 6-25×25 cm -= prioce – ₹499.00

Tahera Japanese Style Dopamine Door Bell, Wireless Calling Doorbell for Home, Office and Outside. Wooden Room Bell for Home Patient. Entry Alert Chime for Shopkeeper's.
69% Tahera Japanese Style Dopamine Door Bell, Wireless Calling Doorbell for Home, Office and Outside. Wooden Room Bell for Home Patient. Entry Alert Chime for Shopkeeper’s. Price – ₹4,000.00

Wireless Doorbell, Himster Waterproof Door Bell Chime Kit Alarm for Home at Over 1000 Feet Range Operating with 56 Melodies, LED Flash, 7 Levels Adjustable Volume (Black 1 Transmitter & 1 Receiver)
74% off – Wireless Doorbell, Himster Waterproof Door Bell Chime Kit Alarm for Home at Over 1000 Feet Range Operating with 56 Melodies, LED Flash, 7 Levels Adjustable Volume (Black 1 Transmitter & 1 Receiver) = Price ₹3,499.00

Ad
Scroll to Top