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HARSIMRAN SINGH SETHI
Punjab State Electricity Board (Now Punjab State Power Corporation Limited) – Appellant
Versus
Sukhdev Singh – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
CM-7083-C-2017
Application is allowed, as prayed for.
CM-5648-C-2021
2. Application is allowed, as prayed for.
RSA-2849-2017
3. In the present regular second appeal, the challenge is to the judgment and decree of the trial court dated 12.10.2011 by which, the suit filed by the respondent-plaintiff qua the release of the leave encashment has been allowed along with interest as well as to the judgment and decree of the lower appellate court dated 07.02.2017 by which, the appeal preferred by the appellants-defendants was partly allowed qua the interest part only.
4. Certain facts need to be mentioned for the correct appreciation of the controversy in hand.
5. While the respondent-plaintiff was in service of the appellant- Corporation, he was arrested by the police in respect of FIR No. 190 dated 08.09.2000. Due to the said arrest, the respondent-plaintiff was placed under suspension on 29.09.2000. As per the FIR No. 190 dated 08.09.2000, the allegations alleged against the respondent-plaintiff were proved and he was convicted by the competent court of law vide judgment and order dated 09.01.2002 and was ordered imprisonment for life.
6. Keeping i
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.
Compliance with settled law and the need to extend service benefits as per established judgments.
Leave encashment for government servants is limited to a maximum of 300 days upon retirement, and no second encashment is permitted after re-employment.
The 2nd proviso to Rule 52(c) of the A.P. Revised Pension Rules, 1980, introduced in 1995, allows the release of up to 80% retirement gratuity to retired Government servants, even if criminal proceed....
Leave encashment constitutes salary and must be paid upon resignation if accepted unconditionally, affirming the principles of fair employment rights.
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....
Retired employees are entitled to leave encashment as a matter of legal right, and undue delays in payment due to pending inquiries are not justified.
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