IN THE HIGH COURT OF TELANGANA
SUJOY PAUL, RENUKA YARA
Telangana State Road Transport Corporation – Appellant
Versus
P.Shankar – Respondent
| Table of Content |
|---|
| 1. questions about leave benefits for removed employees. (Para 2 , 3) |
| 2. entitlement of leave encashment upon removal. (Para 4 , 5 , 6) |
| 3. judgment reinforces employee's right to leave encashment. (Para 9 , 10 , 11) |
| 4. property rights under article 300a and precedents. (Para 12 , 13 , 14 , 15 , 16) |
| 5. no forfeiture of leave encashment due to removal. (Para 17) |
| 6. right to interest on delayed payments. (Para 18) |
| 7. dismissing some appeals while granting partial allowance. (Para 19) |
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 (hereinaf
Madhav Rao Scindia v. Union of India
State of Kerala v. Padmanabhan
Madhav Rao Scindia v. State of M.P.
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.
Lifetime cap of 300 days on leave encashment under CCS (Leave) Rules applies to NHRC absorbed employees, including prior service encashment.
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.
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