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subodhpednekar
12-10-2011, 12:50 PM
An employee has already been sanctioned leave encashment while availing ltc and subsequently his pay has been revised under macp scheme with retrospective effect. In such case is the employee eligible to receive the differences of leave encashment on account of such upgradation?

RKPATHAK
12-10-2011, 01:52 PM
I doubt since it is related to ltc and ltc claims once settled need not be reponed

Victor
12-10-2011, 05:37 PM
An employee has already been sanctioned leave encashment while availing ltc and subsequently his pay has been revised under macp scheme with retrospective effect. In such case is the employee eligible to receive the differences of leave encashment on account of such upgradation?

As per CCS(Leave) (Third Amendment) Rules, 2011 (http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/14028_1_2010-Estt.-Leave-26082011.pdf) the leave encashment calculation is based on the Basic Pay and DA "admissible on the date of availing LTC". Hence no arrears are payable in the instant case on account of pay revision or even on account of revision of DA.

Victor

prasannakumar
12-10-2011, 07:27 PM
An employee has already been sanctioned leave encashment while availing ltc and subsequently his pay has been revised under macp scheme with retrospective effect. In such case is the employee eligible to receive the differences of leave encashment on account of such upgradation?

No. Encashment is admissible on the pay as on date of sanction.

Prasanna Kumar

Ramnath
12-10-2011, 09:35 PM
for EL encashment on LTC, only the Pay prevailing on the date of sanction is admissible and no arrears payable as per rules, though it is not logical as pay would have been higher if revision had taken place on time (though illogical). Why I say this is, in many departments, MACP or other benefits given late but with retrospective effect. In this case, employee is the loser. Even Pay commn arrears also is given with retrospective effect but not all allowances (we are the losers in this case also).
Ramnath

R K Rao
12-10-2011, 11:07 PM
Mr. Ramnath,

In my office, I had sent a arrears claim for the difference in encashment due to enhancement of DA. The same has been passed and paid to the employee. I think there is another case where encashment has been claimed on account of MACP. But I have to verify (I am on leave for 10 days now). When I rejoin, I shall find and post it.

Meanwhile, I agree with you. The individual is technically getting the new pay but actual payment has been delayed due to administrative procedure. Hence, the individual should not stand to lose.

My advise is submit the claim. If it comes back, what is the harm?

Regards

RKR

subodhpednekar
13-10-2011, 05:22 PM
but the employee receives macp or da at a later date, whats the fault of the employee, why should the employee suffer such a loss, had he been given all his dues on time he had drawn more leave encashment at the time of his ltc itself. what's ur say?

subodhpednekar
13-10-2011, 05:25 PM
Thanks for reply victor. May please think on this also, 'the employee receives macp or da at a later date, whats the fault of the employee, why should the employee suffer such a loss, had he been given all his dues on time he had drawn more leave encashment at the time of his ltc itself.' what's ur say? Also where in the circular / notification it is mentioned that the past cases should not be reopened? pl. reply

amit2301
13-10-2011, 08:48 PM
I have a query posted under this thread as I'm unable to post a new thread:

I am a subject of unfair, unjust and partisan treatment by my accounts section.
I would like to know:
a. if the deliberate denial of 10 days' encashment of EL while on LTC can be a violation of basic human rights and if it may be referred to in CAT (under which section) so that the guilty may be punished.
b. if LTC advance for LTC-80 of AI can be calculated and paid arbitrarily so that a person may be harassed and plunged into deep financial mess?