BHALLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 13/2/2017 whereby respondent has reduced his entitlement to leave encashment from Rs.5,77,280.00 to Rs.4,49,176.00.

(2.) The petitioner belongs to Punjab Police. He retired as Inspector on 30/4/2016. His original date of superannuation was 30/4/2014. He was granted extension of two years. The respondent vide order dtd. 26/5/2016 sanctioned him a sum of Rs.5,77,280.00 towards leave encashment. The treasury raised objection in view of letter dtd. 1/7/2016 of Finance Department. The respondent recalculated leave encashment and reduced amount of leave encashment from Rs.5,77,280.00to Rs.4,49,176.00.

(3.) Learned counsel representing the petitioner submits that as per Punjab Civil Services (Second Amendment) Rules, 2015 (for short '2015 Rules'), if an employee during extended period of service avails earned leave more than his entitlement, excess leaves availed by him are liable to be deducted from unutilized leaves to his credit on the date of his superannuation. The respondent issued clarification dtd. 25/5/2016 whereby it was clarified that excess leaves availed during extended period shall be deducted from 300 days leave which can be encashed at the time of superannuation. The clarification was issued after his superannuation.