Employees dismissed from service after the
conclusion of disciplinary proceedings initiated against them are also
entitled to encashment of ‘Earned/Privilege Leave’ that they had
accumulated to their credit over the years, the Madras High Court Bench
here has ruled.
Justice D. Hariparanthaman passed the
order while allowing a writ petition filed by the dismissed General
Manager of Thanjavur District Central Cooperative Bank since he was
denied the benefit on the ground that it would be accorded only to those
who retire from service on attaining the age of superannuation.
The judge came to the conclusion after
taking a cue from a decision rendered by a Full Bench of the Punjab and
Haryana High Court on November 9, 2012 wherein it was held that
employees can encash their earned leave on the day of retirement
irrespective of the pendency of disciplinary proceedings.
“The reason given by the Full Bench is
that Earned Leave encashment is a right equal to the right to property
guaranteed under Article 300 A of the Constitution and the same cannot
be deprived illegally. Hence, the encashment of the same cannot be
deprived on dismissal from service,” he said.
Recording that the petitioner, T.
Veeravinothan, had 138 days of Earned Leave to his credit since he had
joined the bank in 1976 and was dismissed in 2010, just two years before
his retirement, the judge directed the bank to disburse the
corresponding amount working out to over Rs. 2.28 lakh within six weeks.
The judge came to the conclusion after
taking a cue from a decision rendered by a Full Bench of the Punjab and
Haryana High Court
Chiii
ReplyDeleteChiii
ReplyDelete