Sikkim Govt Service Rules | Retired Re-Employed Employees Can’t Be Denied Leave Encashment Benefits Unless Contractual
Case: Dr. Mool Raj Kotwal v State of Sikkim and ors
Coram: Justice Bhaskar Raj Pradhan
Case No.: W.P. (C) No. 14 of 2022
Court Observation: “The respondents’ suggestion that there was financial burden upon the state exchequer by providing the retired reemployed Government Servants leave encashment for earned leave again for the period of re-employment is not justified considering the fact that several others similarly placed had been given the benefit. As such, isolating the petitioner’s accrued benefit to save the purported burden on the state exchequer would be arbitrary and discriminatory.”
“The pleadings in the present proceedings also make it clear that the petitioner was re-employed giving all benefits of a regular overnment Servant although for short durations, extended again and again from the year 2005 till 2019,”
“If it was contractual employment then Rule 2 (f) of the Leave Rules would disentitle the petitioner in claiming any benefit under it unless when the contract provided otherwise. It is neither the claim of the petitioner nor the contest of the respondents that his re-employment was contractual. If it was so, there would have been a contract.”
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