Lifetime cap of 300 days on leave encashment under CCS (Leave) Rules applies to NHRC absorbed employees, including prior service encashment.

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The facts and issues in the captioned OAs are stated to be similar, the grounds urged on behalf of the parties are common and the relief sought by the applicants are same. In view of the background of such admitted position and with the consent of the learned counsels for the parties, the captioned OAs are being heard and decided together by the present common order. However, for the sake of convenience, OA No.3811/2022 has been treated as a lead case and facts are being taken from the pleadings therein.

2. The present Original Application has been filed by the Applicant under Section 19 of the impugned order passed by the Respondent – National Human Rights Commission (NHRC) relating to denial/regulation of service benefits pertaining to leave and consequential service entitlements. He has sought the following relief(s) :-

―(i) To quash the Impugned Order dated 30.06.2021 passed by the Respondent No. 1 and direct them to pay the amount of Rs. 15,73,650/- for the accumulated earned leave of 300 days on the date of retirement, based on the last pay drawn, as claimed by the applicant along with interest @ 18% per annum.

(ii) To award the compensation of Rs 5 lakhs for the suffering and mental agony of applicant due to non-payment of full amount of his earned leave of 300 days.

(iii) Pass any other order as deemed fit and proper by this Hon'ble Tribunal in the facts and circumstances of the case in the interest of justice.‖

3. The Applicant, who retired as Joint Registrar on 30.06.2021, served the National Human Rights Commission under the Ministry of Home Affairs and during the course of his service certain issues arose concerning the grant/regularisation of leave and related service benefits, which ultimately culminated in the issuance of the impugned order in the year 2022 adversely affecting the Applicant.

4. Learned counsel for the applicant submitted that the action of the respondents is contrary to the governing service rules and executive instructions, particularly the provisions contained in the Central Civil Services (Pension) Rules, 1972 and the relevant Government of India instructions issued from time to time.

5. In support of his claim, learned counsel for the applicant has relied upon the relevant statutory provisions and executive instructions, including the Government Notification dated 14.07.2000 and the Office Memorandum issued by the Department of Personnel and Training dated 25.03.2013, which clarifies that “encashment of earned leave allowed by the Central Government prior to absorption in Central Autonomous body shall not be taken into account while calculating the number of days of earned leave cashable in the autonomous body for the post absorption period.”

6. Learned counsel for the applicant submitted that the applicant was earlier on deputation and became the employee of the Commission w.e.f. 05.01.2004 and the payment received before absorption cannot have any bearing on the entitlement of the applicant as an absorbed officer. In this context, he relied upon Rule 39(D) of the CCS (Leave) Rules, 1972. The said rule reads as under :-

―39(D). Cash equivalent of leave salary in case of permanent absorption in Public Sector Undertaking/Autonomous Body wholly or substantially own