Punjab-Haryana High Court
Ex. Sub Inspector Mahender Singh vs State Of Haryana And Others on 18 February, 2013
Author: Rakesh Kumar Jain
Bench: A.K. Sikri, Rakesh Kumar Jain
LPA No.1745 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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LPA No.1745 of 2012 (O&M)
Date of Decision: 18.02.2013
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Ex. Sub Inspector Mahender Singh
. . . .Appellant
Versus
State of Haryana and others
. . . . Respondents
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CORAM: HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Sat Narain Yadav, Advocate,
for the Appellant.
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RAKESH KUMAR JAIN, J.
The grievance of the appellant is that though there are 726 days earned leave to his credit but as per instructions dated 12.8.1998 he would be entitled to encash only 300 days earned leave. His main contention is that the Punjab Police Rules, 1934 (for short 'the Rules'), as applicable to the State of Haryana do not specify the days for which earned leave can be encashed.
We have heard learned counsel for the appellant in this regard and have perused the instructions dated 12.8.1998, wherein the State of Haryana has decided to raise the maximum limit of leave encashment from 240 days to 300 days to the following categories w.e.f 1.7.1997:
"(i) Retirement on attaining the age of superannuation.
LPA No.1745 of 2012 -2-
(ii) Cases where the service of a
Government servant has been
extended in the interest of public service, beyond the date of retirement on superannuation;
(iii) Voluntary/pre-mature retirement;
(iv) Where the services of a
Government servant are
terminated by notice or by
payment of pay & allowances in lieu of notice, or otherwise in accordance with the terms and conditions of his appointment;
(v) In the case of termination of re-employment after retirement;
(vi) In the case of death of a
Government servant while in
service to the family of the
deceased;
(vii) In the case of leave preparatory to retirement;
(viii) In the case of transfer of a
Government servant to an
industrial establishment;
(ix) On absorption of a Government
servant in the Central Public
LPA No.1745 of 2012 -3-
Sector Undertaking/autonomous
body wholly or substantially
owned or controlled by the
Central/State Government.
(x) A Government servant who
resigns or quits service shall be entitled to cash equivalent in respect of earned leave at credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days."
The learned Single Judge while dismissing the writ petition has rightly observed that even if there is no provision for leave encashment of un-utilized earned leave in the Rules, the benefit, if any, would only flow from the instructions as it is a concession which depends upon the policy of the Government. The reasoning adopted by learned Single Judge is without any blemish. Hence, the present appeal is hereby dismissed being denuded of merit.
(A.K. SIKRI) (RAKESH KUMAR JAIN)
CHIEF JUSTICE JUDGE
FEBRUARY 18, 2013
Vivek