Public
Services - Retirement benefits - Encashment of Earned Leave at the credit of
Government employees - withholding/withdrawing the benefit of cash payment -
Orders - Issued.
G.O.Ms.No.11 Dated:15-1-1997
Read
the following: -
1. G.O.Ms.No. 420,
F & P (FR.I) Dept., dt. 3-12-1990.
2. Govt. of India,
Minister of Personal, Public Grievances and Pensions Lr.No. 14028/1/96 (Estt.L),
dt. 23-7-1996.
2. Some cases have come to the notice of the Government that employees against whom Departmental / judicial proceedings are pending for the pecuniary loss caused to State Government and the retired employees are requesting lo permit them to encash the Earned Leave al their credit on their retirement on superannuation. The Government have proposed to withhold the concession of encashment of Earned Leave if a Government servant is found responsible for the loss caused lo the Government.
3. Since there is no provision existing in the State Leave Rules for withholding the encashment of earned leave amount, or to recover the loss caused lo the Government from the encashment of earned leave amount of a retired employee who is found responsible for the loss caused to the Government. The Government of India were addressed to inform the Slate Government about the provisions that are available in the Central Civil Services (leave,) Rules, 1972 to meet such situations.
4. The Government of
India in their reference second read above have informed that there is a
provision to withhold the benefit of encashment of earned leave by the
Government servants where the Government servants are involved in disciplinary
cases and found responsible for the loss caused to the Government under
sub-rule (3) rule 39 of the CCS (Leave) Rules, 1972. The said sub-rule is as
follows:
“The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any”.
5. After careful consideration of the matter, the Government have decided to adopt the aforesaid provision followed by the Government of India in the State also and decided to withhold the encashment of earned leave and to recover the loss caused to the Government by a Government servant who retires from service on superannuation or otherwise, while disciplinary or criminal proceedings are pending against him.
6. Accordingly, the
following orders are issued:
"A Government servant who retires from service on attaining the age of superannuation while under suspension or otherwise or when any disciplinary or criminal cases are pending against him. the authority competent lo grant leave may withheld whole or part or cash equivalent or earned leave. If in the view or the competent authority there is a possibility of some money hemming recoverable from him on conclusion of the proceedings against him. On conclusion or the proceedings, he will become eligible to the amount so withhold after adjustment of the Government dues if any".
7. Necessary amendments to the Fundamental Rules will he issued separately.
(By order and in the name of the Governor of Andhra Pradesh)
