HARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The question involved in this writ petition is whether an Air Force Personnel taking voluntary retirement before completion of the qualifying service in Air Force, would be entitled to the encashment of entire leave balance.

(2.) The say of the petitioner is that he joined the serivce of Indian Air Force w.e.f. 27.12.1980 as CLK/CD. Though the term of engagement of the petitioner was for 20 years, he sought voluntary discharge from service after 15 years 8 months and 10 days. The Competent Authority apporved his discharge vide No. AIR HQ/40802/ 1589.00 PA-III, dated 9.8.1996 in accordance with the provisions of Air Force Rules, 1969 Chapter 3, Rule 15(2). The petitioner was permitted his dues of gratuity and Pension but the benefit of leave encashment was restricted to 90 days instead of 196 days balance; that the denial of leave encashment of 196 days is discriminatory inasmuch as the respondents are giving benefits of full leave encashment to one set of employees while denying the same to the other set of similarly placed employees; that though the respondents are giving leave encashment of 180 days to the personnels who are discharged from service on medical ground or those who are invalidated from service on medical ground with less than 17 years service and also the employees who are discharged on the ground that their services are no longer required; that the respondents are liable to follow uniform policy in the matter of leave encashment and the petitioner is entitled to be treated equally. In affidavit-in-rely, the respondent contends that the petitioner was discharged from service at his own request on educational ground as he had availed three permissible chances of commission in the Air Force but did not get selection. In accordance with the Government of India, Ministry of Defence Letter No. F.14(3)/88/D/AG-B, dated 26.3.1992 the ceiling on accumulation and encashment of leave in respect of leave in respect of Permanent Commissioned Officers, JCOs and other ranks and NCs(E) of Army and equivalent ranks in Navy and Air Force, who are permitted to proceed on retirement/discharge at their own request by the Competent Authority will encash their leave as per their length of service. Since the petitioner was discharged from service at his own request having less than 17 years of service, he is eligible to encash 90 days' leave; that since the petitioner was discharged from service on his own request, having less than 17 years of service i.e. 15 years, 8 months and 10 days, he is eligible to encash 90 days' leave and the petitioner was allowed to encash 90 days leave only at the time of discharge from Air Force; that the petitioner's case of encashment of leave was considered in accordance with Government of India, Ministry of Defence letter dated 26.3.1992 and also dealt with in accordance with the existing rules; that in case of dismissal from service, no leave encashment is permissible as also in case of Air Force Personnels, who have not completed 15 years of service; that in case of Air Force Personnels, medically boarded out, the leave encashment would be: (aa) Less than 15 years Nil days (ab) 15 years to 17 years 240 days (ac) 17 years to 22 years 270 days (ad) 22 years and above service 300 days In the case of services no longer required, the entitlement to leave encashment would be full encashment upto the dace of discharge. It is contended that there is no discrimination as far as the benefit of leave encashment is concerned and the petitioner would not be entitled to the leave encashment for more than 90 days as he had less than 17 years of service on the date of his voluntary retirement.

(3.) It may be appreciated that there is no affidavit in rejoinder filed by the petitioner to the counter affidavit filed by the respondent, especially, with regard to the quantum of leave encashment admissible.