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IN THE HIGH COURT OF TELANGANA
SUJOY PAUL, RENUKA YARA
Telangana State Road Transport Corporation – Appellant
Versus
P.Shankar – Respondent
JUDGMENT :
Sujoy Paul, ACJ.
Sri G.Vidya Sagar, learned Senior Counsel appearing for Sri Shanthi Bhushan Rao, Sri Chandra Shekar and Sri Anurag, learned Standing Counsel for the Telangana State Road Transport Corporation (TSRTC), for the appellants in W.A.Nos.69 of 2019, 138 of 2019, 862 of 2024 and 1122 of 2024; Sri V.Narasimha Goud, learned counsel for respondent No.1 in W.A.No.862 of 2024 and for the sole respondent in W.A.No.1122 of 2024; and Sri P.Govinda Rajulu, learned counsel for the respondent in W.A.No.69 of 2019, for the respondent in W.A.No.138 of 2019 and for the appellant in W.A.No.781 of 2019.
2. W.A.Nos.69 of 2019, 138 of 2019, 862 of 2024 and 1122 of 2024 are filed by TSRTC (hereinafter referred to as, ‘the employer’) and W.A.No.781 of 2019 is filed by the employee.
3. The basic question which needs consideration is whether an employee, who is inflicted with the punishment of removal from service, is entitled to get the benefit of leave encashment.
4. The specific stand of the employer is that in view of Regulation 50(B) of The Employees (Leave) Regulations, 1963 (hereinafter referred to as, ‘the Regulations’), the removed employee is not entitled to get the benefit of l
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.
A Railway employee dismissed from service forfeits all leave credits, thus is not entitled to Leave Encashment benefits.
Excess payments made to an employee due to erroneous calculations by the employer cannot be recovered from the employee's benefits unless specific legal conditions are met, protecting the employee's ....
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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