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N. UNNI KRISHNAN NAIR
Union Of India – Appellant
Versus
Utpal Datta Talukdar S/o- Late Sudharanjan Dutta Talukdar – Respondent
JUDGMENT :
(N. Unni Krishnan Nair. J)
Heard Ms. B. Sarma, learned CGC appearing on behalf of the petitioners. Also heard Dr. G. J. Sharma, learned counsel appearing for the sole respondent.
2. The present proceeding has been instituted by the petitioners, presenting a challenge to the order dated 05.12.2023, passed by the learned Central Administrative Tribunal, Guwahati Bench in Original Application No. 040/0062/2023.
3. The sole respondent, herein, on conclusion of a departmental proceeding initiated against him came to be imposed with a penalty of dismissal from service without any compassionate allowance i.e. Pension and Gratuity both, vide an order dated 27.09.2021, passed by the Disciplinary Authority. The appeal as preferred against the said order dated 27.09.2021 was also dismissed by the Appellate Authority vide an order dated 03.06.2022. The sole respondent had also preferred a revision petition in the matter, before the Revisional Authority, which was also rejected by the competent authority. The sole respondent, thereafter, instituted Original Application No. 62/2023 before the Central Administrative Tribunal, Guwahati Bench, praying for release of his Provident Fund dues a
A Railway employee dismissed from service forfeits all leave credits, thus is not entitled to Leave Encashment benefits.
An employee removed from service retains the right to leave encashment, as such benefits constitute property under Article 300A, not forfeited by removal from service.
The main legal point established in the judgment is that the appellant was not entitled to withhold the leave encashment amount as a retiral benefit under Rule 25.13, and the respondent was not entit....
Disciplinary proceedings initiated during employment must have express grounds for withholding retiral benefits, as defined by the corporate rules. Without such grounds, benefits cannot be withheld p....
Leave encashment - Beyond the period of superannuation no benefit of leave is available to a government employee.
Recovery of leave encashment from retirees is impermissible without due process, including affording notice and an opportunity to defend against claims of wrongful payment.
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