Speaking Order – Leave Encashment and Refusal of LPR dt 09.05.2025
OFFICE MEMORANDUM
Subject: Refusal of LPR
No.FD.SR-II/2-81/2025. WHEREAS, Muhammad Abid S/o Allah Bakhsh, retired Principle BS-20, Government High School Technical, Bahawalpur, R/o Bahadur Pur, Tehsil Jalalpur Pirwala, District Multan filed Writ Petition No.6429/2025 before the Hon’ble Lahore High Court, Bahawalpur Bench, Bahawalpur with the prayer that:
by accepting this petition, the respondent department may be directed to grant the leave encashment amount to the petitioner to the tune of Rs.22,09,617/- instead of Rs.17,69,988/- and refund the difference amount Rs.4,39,629/- to the petitioner to save the petitioner from hardships, in the interest of justice, as the Notification dated 28.09.2023 not applied upon the precious rights of petition.
The Hon’ble Court disposed of the writ petition vide order dated 12.03.2025. The operative part is as under:
“Learned counsel for the petitioner submits that the application as submitted by the petitioner to the Special Secretary Finance (Expenditure & Corporate Finance) Punjab, Lahore / Grievance Redressal Commissioner (GRC)(Respondent No.3) has not been processed since its filing and seeks a direction in this regard. After perusal of the petition and the documents appended with the same, a direction is issued to the Special Secretary Finance (Expenditure & Corporate Finance) Punjab, Lahore / Grievance Redressal Commissioner (GRC)(Respondent No.3) to process the application of the petitioner, if pending, strictly in accordance with the law and expeditiously. With the above directions and observations, this petition is disposed of”.
2. AND WHEREAS, in compliance with court’s order, the petitioner was afforded an opportunity of personal hearing on 15.04.2025, 23.04.2025 and 29.04.2025 but he did not attend the personal hearing. However, brief facts of case are that the incumbent was retired from Government service w.e.f. 09.10.2023 as Principal (BS-20) Government High School Technical Bahawalpur on attaining the age of superannuation vide Order bearing No.SOEI.1-40/2023.S(V.I), dated 18.07.2023.
On 01.06.2023, Leave Rules, 1981 were amended which necessitates that for grant of Leave encashment, refusal of appointing authority is required. In the instant case, the LPR period of the petitioner w.e.f. 08.10.2022 to 31.05.2023 falls under previous Rules 17 of Revised Leave Rules, 1981 where no refusal of the Appointing Authority is required. However, he did not apply for Leave encashment for the remaining period w.e.f. 01.06.2023 to 09.10.2023 as required under Rule 17(7) of Revised Leave Rules, 1981.
Administrative Department did not issue order for refusal of LPR and accordingly, he is get entitled to leave encashment in lieu of LPR for the remaining period w.e.f. 01.06.2023 to 09.10.2023. The District Accounts Officer, Bahawalpur vide letter bearing No. DAO/BWP/PRO4/HM/39, dated 13.03.2023 has informed that Refusal of LPR is mandatory for the payment of leave encashment in lieu of LPR after 31.05.2023 as per Revised Leave Rules, 1981, and in the subject case the complainant has not provided the Refusal of LPR issued by the Competent Authority, so the payment was made up to 31.05.2023 with the consent of the incumbent as per revised bill signed by him.
3. AND WHEREAS, Finance Department amended Rule 17(7) of Revised Leave Rules, 1981, vide Notification bearing No.FD.SR-II/2-97/2019, dated 01.06.2023, as under:
- “A civil servant, who desires to get the benefit of encashment of LPR for a maximum period of three hundred & sixty five days, shall submit his written application to the appointing authority for grant of LPR, at least three months before the date of commencement of his LPR and if, the Appointing Authority
- so refused his request, he shall be entitled to encashment of refused LPR for three hundred and sixty five days equal to initial pay of basic pay“.
4. NOW THEREFORE, I, Sundas Irshad, Special Secretary Finance (Expenditure) / Grievance Redressal Commissioner (GRC) after hearing the contention of the District Account Officer and Chief Executive Officer (DEA), Bahawalpur and going through the available record do hereby reject the representation of the petitioner with the observations that the petitioner has not provided refusal Order for remaining period of L.P.R. w.e.f. 01.06.2023 to 09.10.2023 as required under Rule 17(7) of Revised Leave Rules, 1981 and amended vide Notification bearing No.FD.SR-II/2-97/2019, dated 01.06.2023.
5. AND WHEREAS, later on, Finance Department with reference to its Notification bearing No.FD.SR-II/2-97/2019, dated 01.06.2023, issued necessary clarifications for the facilitation and guidance of all concerned vide letter bearing No.FD.SR-II/2-97/2019 (Part), dated 28.09.2023.
