Mr. Ajay Rastogi, J. - (1.) Instant intra court appeal is directed against order of the Ld. Single Judge impugned dt.28-7-2017 in reference to S.B. Civil Writ Petition No. 10440/2008 and complaint of the writ petitioner (deceased employee) was that on account of penalty of compulsory retirement inflicted upon him in a departmental enquiry dt.14-1-2008 his payment towards encashment of Privilege Leave has been withheld by the respondents and arbitrarily denied to him. Although the Ld. Single Judge of this Court has rejected his claim for encashment of Privilege Leave under the order impugned dt.28-7-2017.
(2.) The indisputed facts which emerges for consideration are that the deceased employee while in service was served with a charge-sheet for holding disciplinary enquiry for major penalty dt. 11-8-2007 and stood retired from service on superannuation on 31-10-2007 and after being superannuated he was punished with the penalty of compulsory retirement vide order dt.14-1-2008. We have our own reservations as to whether the authorities could at all impose penalty of compulsory retirement to a deceased employee who stood superannuated much prior thereto but it is not the question for us to examine as not being raised by the appellant before us.
(3.) It is unfortunate that the employee died during litigation on 11-2-2009 and his legal representatives were brought on record who pursued the writ petition before the Ld. Single Judge of this Court. Although both the writ petitions have been decided by the Ld. Single Judge by common order but the writ petition No. 10440/2008 is regarding withholding of encahsment of privilege leave that has been dismissed under the order impugned in reference to Reg.38 of the UCO Bank (Officers') Service Regulations, 1979 ("Regulations, 1979"). Reg.38 with which we are presently concerned, being relevant for the purpose, is quoted as under : " 38. Lapse of Leave Save as provided below, all leave to the credit of an officer shall lapse on resignation, retirement, death, discharge, dismissal or terminate : Provided that where an officer retires from the Bank's service, he shall be eligible to paid a sum equivalent to the emoluments of any period, not exceeding 240 days of Privilege Leave that he had accumulated. Provided further that where an officer dies while in service, there shall be payable to his legal representatives, a sum equivalent to the emoluments for the period not exceeding 240 days of Privilege Leave to his credit as on the date of his death. Provided also that where an officer resigns from service on or after 1st April 2001 after giving due notice as in sub-regulation(2) of Regulation 20, he may be paid a sum equivalent to the emoluments in respect of Privilege Leave to the extent of half of such leave to his credit on the date of cession of service, subject to maximum of 120 days.";