Madhya Pradesh High Court
The State Of Madhya Pradesh vs Smt. Shyama Bai on 21 July, 2014
R.P. No.506/2012
21.07.2014
Shri Piyush Dharmadhikari, learned Government
Advocate the petitioners/State.
Shri Ashok Gupta, learned counsel for the respondent.
Heard counsel for the parties.
Although this petition has been filed as Review Petition, but the relief claimed by the State is one of speaking to the minutes of order. Inasmuch as, in the 6th line of last paragraph of internal page 3 of the order, it is incorrectly mentioned as "Leave Encashment", whereas it ought to have been noted as "Earned Leave" referable to Rule 4 of the 1977 Rules.
The petitioners submitted that need to file review petition has arisen because the respondent(s) have insisted for allowing them to encash the leave of 120 days. According to the respondent(s), the decision permits them to encash 120 days of earned leave. The argument of respondent(s) will have to be stated to be rejected. For, in the same paragraph, the Court has noted that the respondent would be entitled to the benefit of earned leave of 120 days. The concerned paragraph reads thus:
"We have considered the submission made by learned counsel for appellants. From perusal of the grounds mentioned in clause (b) of memorandum of the appeal filed by the appellants, it is apparent that the appellants have admitted that under Rule 4 of the 1977 Rules, the employees are entitled to 120 days' leave encashment. Thus, in view of the stand taken by the appellants themselves, the respondent is entitled to the benefit of encashment of 120 days' earned leave. Accordingly, the appellants are directed to extend the benefit of encashment of 120 days leave to the respondent which is admissible under the Rules within a period of three months from the date of production of certified copy of the order, if not already paid. Accordingly, the order passed by learned Single Judge is modified to the extent indicated above.
Accordingly, the writ appeal is disposed of."
[Emphasis supplied] The highlighted portion, therefore, will have to be understood to mean that the respondent(s) have succeeded to the extent of relief of benefit of 120 days of earned leave as per Rule 4 of Rules of 1977 and not encashment of leave as such.
Counsel for the respondent relies on Rule 7 of Rules 1977. That Rule enables the employee on earned leave and maternity leave to get benefit of leave salary equal to the rate of pay or salary which has been drawn for the month immediately prior to the month in which the leave is taken. That does not result in allowing encashment of leave of 120 days as such. Rule 4 is very specific to availing of earned leave by an employee having permanent status. The facility of encashment of leave in any case cannot be extended to work charged employee. Accordingly, this review petition succeeds.
Operative order passed in Writ Appeal No.753/2010 be understood to mean that the employees would be entitled to earned leave referred to in Rule 4 of the 1977 Rules and nothing more.
Accordingly, this review petition succeeds to the above extent.
(A.M. Khanwilkar) (Alok Aradhe)
Chief Justice Judge
snb/-