SYED ILIAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition presented by a civil servant retired on attaining the age of superannuation at 55 years, before the age of retirement was raise to 58 years, the following question of law arises for consideration : Whether the encashment of leave amounts to extension of service equivalent the period of leave permitted to be encashed.

(2.) The petition came up for preliminary hearing yesterday. Government Advocate was directed to take notice and was posted to today. Accordingly, the matter has come up for preliminary hearing today.

(3.) The petitioner was a Health Supervisor in the Department of Health and Family Welfare Services of the State Government. His age of superannuation fell within the month of June 1984. As provided in the Karnataka Civil Services Rules ('the Rules' for short), he retired from service at the end of the said month on 30th June, 1984. On the date of retirement, the petitioner had 120 days leave to this credit. Encashment of the leave was granted by an Official Memorandum dated 6th July, 1984.