In an important judgment, the Punjab and Haryana High Court has clearly passed the order that the accumulated Leave of an employee can not be restricted to 300 days even if he has kept unutilised leave for more than 300 days for encashment .
This situation will help the issues regarding leave encashment of Reemployed Exservicemen. In an interpretation of DOP&T’s order, many department/offices restricted the total leave encashment up to 300 days for Reemployed ex servicemen which include the already encashed leave in the Armed Forces.
The ruling came in case of Haryana Government employees after the High Court changed into informed that collected earned leave (Leave accumulation) was decreased to three hundred days over and over all through the direction of provider on the idea that they have been entitled to a maximum of three hundred days earned leave as per existing rules of DOP&T and other state govt service rules.
Eventually, while the time came for encashment of unutilised earned go away, they have been granted the benefit for lesser number of days.
“If an worker is entitled to leave encashment for a maximum restriction of three hundred days, that does not suggest that the collected unutilised depart is to be reduced to 300 days if it exceeds the restriction. The earned depart will hold to build up till the retirement of the petitioners and the petitioners are to be granted the maximum advantage of 300 days, as said inside the rules,” Justice Kuldip Singh ordered.
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The ruling came on a petition with the aid of Jaipal Phogat and some other petitioner in opposition to the State of Haryana and different respondents. Justice Kuldip Singh asserted the “unlucky controversy” changed into concerning the technique used to calculate unutilised earned leave go away of petitioners Jaipal Phogat and Jaibhagwan.
Retired mechanics, the petitioners had claimed that they have been entitled to go away encashment of 300 days unutilised earned leave. Petitioner number one became is entitled to 300 days go away encashment, however turned into granted the gain of 257 days. Petitioner No- two, then again, was entitled to 268 days depart encashment, but turned into granted the gain of 211 days.
During the direction of the hearing, Justice Kuldip Singh asked both events to document calculation sheets. He brought that the calculation sheet concerning Phogat confirmed mischief became finished even as calculating unutilised earned leave on April 27, 1999, May 22, 2003, and October 31, 2007.
The unutilised earned go away for 362 days, 375 days and 335 days, respectively, changed into reduced to three hundred days on the idea that the petitioner turned into entitled to a most of three hundred days earned leave.
Similarly, in Jaibhagwan’s case, earned go away turned into reduced on August eleven, 2002, May 22, 2003, and August 22, 2003, from 308 days, 307 days and 305 days, respectively.
“The calculation performed via the respondents is not handiest mischievous, however wrong utility of the precept of calculation of unutilised earned leave is also there. As such, the calculations made by the petitioners are accepted and that of the respondents are set aside,” the High Court passed order.