UNION OF INDIA Vs. K V SUJAYA

JUDGEMENT

(1.) The Union of India is before us challenging the order of the Tribunal directing 13 days to be added to the respondent-applicant's leave credit so as to enable her to encash the said leave also.

(2.) On facts, it has to be noticed that the applicant was appointed as a Daily Rated Clerk and she continued from 01.12.1976 to 01.06.1977. On 01.06.1977, she was appointed as a LDC. She rose upto the post of Assistant Passport Officer and retired on 31.01.2013. She was allowed encashment of only 287 days of earned leave, which entitlement she gets from Rule 39 of the Central Civil Services (Leave) Rules, 1972 [for brevity 'Leave Rules'].

(3.) The Tribunal found that Annexure A5 order deemed the service of Daily Rated Clerks as eligible to be counted for the purpose of terminal benefits. Leave encashment being a benefit on retirement, necessarily the 13 days leave she is entitled for her casual service, has to be included was the finding. -3- OP(CAT).168 of 2015