Law: Revised Leave Rules, 1980

Section: 17

Revised Leave Rules, 1981-- ----R. 17--Claim for encashment of 351 days earned leave--LPR--Rejected--Not served in parent department during last year of service--Petitioner did not serve in parent department during his last year of service, a fact having decisive legal significance for determination of his entitlement under Rule 17--The department sought clarification from Finance Department regarding payment of leave encashment--Finance Department, vide letter dated 06.01.2021, observed that: a) petitioner’s leave account remained closed with parent department during his contract period at 7 PHFMC; b) As petitioner did not perform duty in his parent department during last year of service, he was not entitled to leave encashment under Rule 17 of Revised Leave Rules, 1981, read with Finance Department notification dated 09.09.2013--These facts are fully borne out from service record and have, not been rebutted by any cogent evidence--He neither applied for LPR during his service nor had any application refused by competent authority, which is a pre-condition under Rule 17 for post-retirement claims--Thus, petitioner’s claim for leave encashment under Rule 17 of Revised Leave Rules, 1981, is barred by: (i) his contract terms at PHFMC; (ii) non-performance of duty in parent department during last year; and (iii) non-compliance with procedural requirements of Rule 17--Clause 7(iii) thereof clearly stipulates that petitioner shall not be entitled to leave encashment from department, while Clause 7(iv) expressly excludes applicability of Rules 16, 17, 18, 34, 35 and 36 of Revised Leave Rules, 1981--By accepting these terms, petitioner consciously agreed to forego any benefit flowing from Rule 17 during his contractual tenure--Such contractual stipulations, being clear and unambiguous, are binding upon petitioner and could not be selectively disregarded after retirement-- Finance Department Circular dated 31.03.1985 on encashment of LPR provided that a Government servant may be deemed to have opted for encashment of LPR unless he formally opted to proceed on LPR and that formal sanction for payment may be issued upon receipt of such request--However, in…