An employee joined the services under Punjab Govtt. on 11.09.2008. He resigned on 15.09.2022 with a serving period of 14 years and 5 days without making any nomination. He died on 02.11.2022. But now his mother Smt. Gurmeet Kaur has applied to the bank for his retiree dues. My inquiry is w.r.t Leave Encashment.
As per rule 7.5(1), 3.17A(1)(v) r/w Note at rule 8.2 of the Punjab Civil Services Rules, Volume-I Part-I, the same is not to be granted however as per Note 2(ii) of Rule 8.138 A of the Punjab Civil Services Rules, Volume-I Part-I relating to Terminal Leave, it has otherwise been laid out that no Terminal Leave will be admissible where the employee concerned resigns the post of his own volition unless resignation is for the reason of ill- health of for reasons beyond his control never the less discretion has been given to the Sanctioning Authority to allow leave not exceeding half the amount of earned leave which the Government employee concerned can avail of at a time.
Acc. to chapter VIII pertaining to Leave, Note subjacent to Rule 8.2 vis-a-vis Service Counting For Leave, states that resignation of the public service, even though it is followed immediately by re-employment should entail forfeiture of past service for the purpose of leave under the rules in this chapter and should, therefore, constitute an “Interruption of duty”, meaning thereby forfeiture of past service on the basis of interruption of duty on any claim over credit for the leave earned before resignation.
Kindly guide
From India, Jalandhar
As per rule 7.5(1), 3.17A(1)(v) r/w Note at rule 8.2 of the Punjab Civil Services Rules, Volume-I Part-I, the same is not to be granted however as per Note 2(ii) of Rule 8.138 A of the Punjab Civil Services Rules, Volume-I Part-I relating to Terminal Leave, it has otherwise been laid out that no Terminal Leave will be admissible where the employee concerned resigns the post of his own volition unless resignation is for the reason of ill- health of for reasons beyond his control never the less discretion has been given to the Sanctioning Authority to allow leave not exceeding half the amount of earned leave which the Government employee concerned can avail of at a time.
Acc. to chapter VIII pertaining to Leave, Note subjacent to Rule 8.2 vis-a-vis Service Counting For Leave, states that resignation of the public service, even though it is followed immediately by re-employment should entail forfeiture of past service for the purpose of leave under the rules in this chapter and should, therefore, constitute an “Interruption of duty”, meaning thereby forfeiture of past service on the basis of interruption of duty on any claim over credit for the leave earned before resignation.
Kindly guide
From India, Jalandhar
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Taxability of leave encashment on resignation.doc