SHASHI BHANU Vs. UNION OF INDIA

JUDGEMENT

(1.) C.M. No.13476/2021 (for exemption)

(2.) The application is disposed of.

(3.) The petition seeks a declaration, that Rule 9 (1) of the Central Civil Services (Leave) Rules, 1972 (CCS Leave Rules, 1972) is unconstitutional, on the ground that it discriminates between a government servant convicted by a Criminal Court before the date of retirement and a government servant who remains under suspension and is convicted after superannuation . It is the contention of the counsel for petitioner that while leave encashment is not sanctioned to a government servant on his dismissal in terms of Rule 9(1) of the CCS Leave Rules, 1972, the government sanctions leave encashment to government servant on his superannuation, if he remains under suspension.