LAWS(DLH)-2012-2-85

GOVERNMENT OF NCT OF DLEHI Vs. SK SRIVASTAVA

Decided On February 29, 2012
GOVERNMENT OF NCT OF DLEHI Appellant
V/S
SK SRIVASTAVA Respondents

JUDGEMENT

(1.) THE petitioner (Government of NCT of Delhi) has filed this writ petition in respect of the order dated 25.03.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2861/2010. THE only point urged before us is with regard to the interest that has been directed to be paid by the Tribunal on the amount of leave encashment due to the respondent. THE same was due to the respondent on 31.12.2000, which is the date of his retirement. But, the same was not paid to him till 2011, that is, after the passing of the impugned order. THE leave encashment amount, according to the learned counsel for the petitioner, had been withheld because the respondent was under suspension at the time of his retirement.

(2.) THE learned counsel for the petitioner drew our attention to Rule 39 (3) of the CCS (Leave) Rules, 1972, which reads as under:-

(3.) FOR all these reasons, the petition is liable to be dismissed. It is ordered accordingly. However, the petitioner is granted four weeks time to make the payment of the interest on the leave encashment amount at the GPF rate.