CAT order on commuted leave
The Central Administrative Tribunal (CAT), Ernakulam, has held that commuted leave on the basis of medical certificate cannot be denied to a Central government employee who is about to retire. The sanctioning authority cannot refuse leave at its whims and fancies.
The tribunal made the observation recently while allowing an application filed by Elsy John, retired supervisor at the Accountant General’s Office.
The tribunal directed the Union government and the Accountant General to regularise the applicant’s leave for 43 days as commuted leave and disburse the withheld amount for the days with an annual interest of 9 per cent from June 1, 2008 till the day of payment within 15 days.
According to the petitioner, denying commuted leave she was informed that she could apply for any other leave. She contended that her application for commuted leave was legal as it was in accordance with the leave rules.
Leave might not be considered as a matter of right of an employee. But it did not confer on the authority any arbitrary discretion to reject leave without reason.
The tribunal said the public authorities could refuse leave only on the ground of exigencies of public service. It was not open to the authorities to alter the kind of leave applied for except at the written request of the government servants. The Central government decision was that the leave should not be denied during the last ten years of service. The rule restrained employees from evading responsibility by resorting to leave. It did not give a licence to the sanctioning authority to refuse leave at its whims and fancies, or to use it as an instrument of torture, the tribunal said.
The tribunal made the observation recently while allowing an application filed by Elsy John, retired supervisor at the Accountant General’s Office.
The tribunal directed the Union government and the Accountant General to regularise the applicant’s leave for 43 days as commuted leave and disburse the withheld amount for the days with an annual interest of 9 per cent from June 1, 2008 till the day of payment within 15 days.
According to the petitioner, denying commuted leave she was informed that she could apply for any other leave. She contended that her application for commuted leave was legal as it was in accordance with the leave rules.
Leave might not be considered as a matter of right of an employee. But it did not confer on the authority any arbitrary discretion to reject leave without reason.
The tribunal said the public authorities could refuse leave only on the ground of exigencies of public service. It was not open to the authorities to alter the kind of leave applied for except at the written request of the government servants. The Central government decision was that the leave should not be denied during the last ten years of service. The rule restrained employees from evading responsibility by resorting to leave. It did not give a licence to the sanctioning authority to refuse leave at its whims and fancies, or to use it as an instrument of torture, the tribunal said.
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