18/02/2016
Dismissed staff entitled to encashment of EL/PL: High court Madras.
Employees dismissed from service after the conclusion of
disciplinary proceedings initiated against them are also entitled to
encashment of ‘Earned/Privilege Leave’ that they had accumulated to
their credit over the years, the Madras High Court Bench here has ruled.
Justice
D. Hariparanthaman passed the order while allowing a writ petition
filed by the dismissed General Manager of Thanjavur District Central
Cooperative Bank since he was denied the benefit on the ground that it
would be accorded only to those who retire from service on attaining the
age of superannuation.
The judge came to the
conclusion after taking a cue from a decision rendered by a Full Bench
of the Punjab and Haryana High Court on November 9, 2012 wherein it was
held that employees can encash their earned leave on the day of
retirement irrespective of the pendency of disciplinary proceedings.
“The
reason given by the Full Bench is that Earned Leave encashment is a
right equal to the right to property guaranteed under Article 300 A of
the Constitution and the same cannot be deprived illegally. Hence, the
encashment of the same cannot be deprived on dismissal from service,” he
said.
Recording that the petitioner, T.
Veeravinothan, had 138 days of Earned Leave to his credit since he had
joined the bank in 1976 and was dismissed in 2010, just two years before
his retirement, the judge directed the bank to disburse the
corresponding amount working out to over Rs. 2.28 lakh within six weeks.
The
judge came to the conclusion after taking a cue from a decision
rendered by a Full Bench of the Punjab and Haryana High Court