Civil Service Rules | Lecturer Gets Earned Leaves 26 Yrs After Appointment, HP High Court Says It's 'Inherent Right' From Date of Joining
Live LawThe Himachal Pradesh High Court has granted, with retrospective effect, earned leaves to a History lecturer 26 years after her initial appointment. It emphasised that where earned leave is permissible, entitlement to it begins from the date of joining the service, making it an inherent right of civil servants upon their appointment to a civil post. This stance was rooted in the Central Civil Service Leave Rules, 1972, which were considered for entitlement and calculation of earned leave for employees serving in the vacation department. Dealing with the matter at hand the court highlighted Rule 10 of the All India Service Rules, 1952, which justifies entitlement to earned leave for civil servants. In view of the said legal position the court invalidated the office memorandum dated July 6, 2020, and directed the respondent department to grant the petitioner earned leave from the initial date of regularization—June 25, 1997—within eight weeks from the date of the judgment.
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