Central Administrative Tribunal Principal Bench New Delhi OA No. 717/2026 This the 09^th day of March, 2026 Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member(A)

Ravinder Kumar (63 years, Gp. 'C')

S/o Late Sh. K. P Singh, R/o Vill. Surkhuru, PO-Chandok, Distt.

Bulandshar, U.P ..Applicant (By Advocates: Mr. B S Jarial)

Versus

1. Govt. of NCT of Delhi through The Chief Executive Officer, (CEO), Delhi Urban Shelter Improvement Board (DUSIB), Lease & Liquidation Branch, Govt. of NCT of Delhi, New Delhi-110002

2. The Member (Adm), Delhi Urban Shelter Improvement Board (DUSIB), Lease & Liquidation Branch, Govt. of NCT of Delhi, New Delhi 110002 ...RESPONDENTS (By Advocate: None)

O R D E R(Oral)

Hon’ble Mrs. Harvinder Kaur Oberoi, Member(J)

Vide the instant OA, the applicant seeks the following relief:-

“i. Call for the records of the respondent with respect to the applicant, and ii. To direct the respondent to release the earned leave and half pay leave accrued so far to the applicant, and iii. To declare to the extent of the inconsistency, Rule 9(1) of CCS (Leave) Rules, 1972, which is in contravention to provisions of Article 300-A of Constitution of India as ultra virus, as leave encashment is an earned benefit and a form of property and is a vested right that should not be confiscated arbitrarily. Moreover, the principle of constitutional supremacy dictates that the provisions of the Constitution override any statutory law or rule. If a rule, such as Rule 9(1) of the Leave Rules, contradicts a constitutional right, the rule must be read down or struck down to the extent of the inconsistency, and iv. Direct the respondents to pay interest at the rate of 18% PA on the delay payment of leave encashment from the due date, when the employer-employee relationship snaps. v. To pass any such order or orders as may be deemed fit and proper by the Hon'ble Tribunal in the facts and circumstances of the case.”

2. We note that the representation dated 28.07.2025 is pending consideration with the competent authority and at this stage, it would be prudent, if a direction is given to the respondents to consider the same by passing a reasoned and speaking order within a limited time frame.

3. In view of the above, the competent authority amongst the respondents is directed to consider and dispose of the applicant’s representation dated

28.07.2025 by passing a reasoned and speaking order within a period of 8 weeks from the date of receipt of a certified copy of this order.

4. It is made clear that we have not entered into the merits of the case.

5. Accordingly, the OA is disposed of, at this initial stage itself. Pending MAs, if any, are also disposed of. No costs.

(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)

Member(A) Member(J)

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