HC rejects plea, says no leave encashment after termination

Bhopal/Jabalpur: The Jabalpur bench of Madhya Pradesh high court ruled that a govt employee, who is dismissed after a departmental inquiry or judicial proceedings or resigns during his service tenure, will no longer be entitled to encash leaves which he was rightfully entitled to.The judgement came during a hearing on a writ petition filed by Piyush Shrivastava, a govt employee from Bhopal, who was convicted by a trial court in a case under the Prevention of Corruption Act, 1988. He moved the plea challenging an order by the state govt on October 3, 2018, rejecting his application for encashment of earned leave (EL).While acknowledging that he was entitled to avail his leaves as a govt staffer, the State argued that MP Civil Services (Pension) Rules, 1976 stipulates that an employee sacked following a departmental inquiry or judicial proceedings could no longer do so.Pronouncing the order, the judge observed that Rule 8 of MP Civil Services (Pension) Rules, 1976 states that the claim for leave encashment by a govt employee will cease from the date of his dismissal, removal or resignation.