Supreme Court of India
State of Sikkim and Others v. Dr. Mool Raj Kotwal
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What the Court ordered
In view of the foregoing, the irresistible conclusion can be drawn is that, under Rule 36 of Leave Rules, a regular government servant, if retires under Sikkim Government Service Rules, 1974 would be entitled for leave encashment maximum for 300 days.
Judgment, page 17
From the headnote
Issue for Consideration Whether an employee of the State who had availed the benefit of leave encashment maximum of 300 days once on attaining the age of superannuation under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, can further be entitled for leave encashment again on relieving after the period of re-employment. Headnotes† Sikkim Government Service Rules, 1974 – rr.98, 102 – Sikkim Government Services (Leave) Rules, 1982 – rr.6, 17, 31, 32, 36 – Grant of benefit of leave encashment second time for the period of re-employment of respondent after attaining the age of
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