Saturday, 9 June 2018

AP GO 90 Half Pay Leave Encashment at the time of Retirement

Government of India vide Office Memorandum 14020/1/90-Estt. (L) dated
6.4.1993, Department of Personnel & Training allowed encashment of Half Pay
Leave at the credit of Government servants who retire on superannuation subject tothe condition that pension and pension equivalent of other retirement benefits bededucted from the amount payable as cash equivalent. The State Government inpursuance of the recommendations of the High Power Committee extended thebenefit of encashment of Half Pay Leave at the credit of State Governmentemployee on retirement as applicable to Central Government employees.

2. Based on the recommendations of 6th CPC, the Government of India issued
revised orders changing the formula vide O.M.No.14028/3/2008‐ Estt. (L) dated:25th September, 2008. The Ninth Pay Revision Commission recommended to adoptthe same formula in the case of encashment of leave also subject to the conditionthat the total number of days of earned leave + leave on half pay put together shouldnot exceed 300 days for encashment. Accordingly orders were issued inG.O.Ms.No154, Finance(F.R.I) Department, dated:04.05.2010.
3. On the reference from the Director of School Education, a clarification was
issued vide Memo No. 7380/PE. Ser I/2012 dated 10.12.2012 that orders issued inG.O.Ms.No.154, Finance(F.R.I) Department, dated 04.05.2010 are applicable to theGovernment employees and not applicable to the employees of the Panchayat Rajand Municipal institutions. It led to large number of teachers approaching to theHon’ble APAT. 

4. The Tenth Pay Revision Commission recommended to extend the facility of
encashment of Earned Leave, including the Half Pay Leave up to a maximum of 300days to all the employees, teaching as well as non-teaching staff of aided institutionsand local bodies i.e., Aided Junior Colleges/Degree Colleges/Oriental Colleges andalso for teaching and non-teaching staff of Aided Schools and the employees of Panchayat Raj and Municipal institutions.
5. The Hon’ble APAT allowed the OA No. 6775/2014 on 31.12.2015 with the
following observations :

"This Court had an occasion to deal with the issue whether the employees includingteachers of the Panchayat Raj & Municipal Institutions , ZP and MP Institutions areGovt. Servants or not and it was held by this court in OA No.1668/2015 and batchdt:15.12.2015 that the employees including teachers of the Panchayat Raj &Municipal institutions are government servants. So, in view of the same, the saidissue is held in favour of the applicant in the present case also and consequently theImpugned Govt. Memo No.7380/PE- Ser.I / 2012, dated 10-12-2012 Education(P.E.) Department is set aside and the respondents are directed to allow theapplicant to encash the half pay leave in terms of G.O.Ms. No. 154 Finance (F.R.-I)Department, dated: 4-5-2010 with all consequential benefits”.
6. Accordingly, orders were issued in the references second read above,
extending the orders issued in the reference first read above to the teaching and
non-teaching staff working in the Municipal, Panchayat Raj and Aided Institutions onpar with the Government employees. In the reference third read above, the samefacility was extended to the teaching and non-teaching staff of Aided JuniorColleges/Degree Colleges/Oriental Colleges and also for non-teaching staff of PR,Municipality and Aided Schools on par with the Government employees.
7. Several court cases have been filed and they were allowed on the analogy of
the above directions of the Hon’ble A.P. Administrative Tribunal. Several
representations have been received and Hon’ble Members of A.P.Legislative Councilparticularly the teachers’ representatives raised the issue and requested theGovernment to implement the orders of Hon’ble APAT with retrospective effect i.e.from the date of issue of orders in the reference first cited.
8. Government after careful examination of the matter and keeping in view that
homogeneous group of employees cannot be discriminated, in suppression of theorders issued in GO third read above hereby order that the orders issued in thereference first read above be extended to the teaching and non-teaching staffworking in the Aided Junior Colleges / Degree Colleges / Oriental Colleges and alsofor teaching and non-teaching staff working in PR, Municipality and Aided Schoolswith effect from 4.05.2010.
9. The G.O. is available online and can be accessed at the address
http://www.ap.gov.in/goir and http://www.apfinance.gov.in. 

Click here to Download Complete G.O.Ms.No 90

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