Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ----Ss. 17, 18 & 19---Revised Leave Rules, 1980, R.32(3)---Pay during leave---Provisions of S. 32(3) of the Revised Leave Rules, 1980 from 21-9-1994---Effect---Applicability---Amendment in the Rules---Whether prospective or retroactive---Amendment in the Rules certainly guarantees. the right of a civil servant to the leave pay at the revised rate if a general revision in pay of civil servant takes place and annual increment accruing due during the period of leave as such the amendment is prospective in nature and has no retroactive effect. (b) Fundamental Rules--- ---- F.R. 26(a)---Increment, award of---Counting of service ---Conditions--­Civil servant after return from medical leave was retired from service--­Annual increments during the period of leave were denied to the civil servant---Service Tribunal maintained the decision of the Authorities and dismissed the appeal of civil servant---Validity---Where the case of the civil servant squarely fell under R.26(a) of the Fundamental Rules, he was entitled to earn annual increment during the period of leave sanctioned to him, which could not be denied arbitrarily and/or in a whimsical manner---Authorities conceded that the civil servant was entitled to the relief asked for---Judgment passed by the Service Tribunal was set aside and the civil servant was entitled to annual increments with all consequential benefits for the period when he was on medical leave. JUDGMENT RANA BHAGWANDAS, J.------Leave to appeal against the judgment of Federal Service Tribunal- was granted to consider whether the appellant was entitled to annual increments for the years 1990 and 1991 under F.R. 26(a) of the Fundamental Rules, while he remained on leave. 2. Appellant was employed as National Savings Officer in the National Savings Organisation under the Ministry of Finance. He was granted leave on medical grounds for the period 7-'1-1990 to 24-2-1992 and paid his salary. On return from leave, he reported for duty, when he was referred to Medical Board and being declared permanently incapacitated for further service was made to proceed on retirement with effect from 25-2-1992. On sanction of…

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