FINANCE DEPARTMENT

(HR.IV)

ENCASHMENT OF LEAVE ON HALF PAY AT THE TIME OF RETIREMENT OF

THE TEACHING AND NON-TEACHING STAFF WORKING IN THE AIDED

JUNIOR COLLEGES / DEGREE COLLEGES / ORIENTAL COLLEGES AND

ALSO FOR TEACHING AND NON-TEACHING STAFF WORKING IN PR,

MUNICIPALITY AND AIDED SCHOOLS WITH RETROSPECTIVE EFFECT.

[G.O.Ms.No. 90, Finance (HR.IV), 8^th June, 2018.]

Read the following:-

1. G.O. Ms.No.154, Finance (FR.I) Department, Dt: 04.05.2010.

2. G.O. Ms.No.148, Finance (HR.IV) Department, Dt: 21.08.2017.

3. G.O.Ms.No.186, Finance (HR.IV) Department, Dated: 27.11.2017.

4. Orders of Hon’ble Andhra Pradesh Administrative Tribunal in O.A. No. 6775/

2014, O.A.No.323/2017, dated.10.02.2017and 652 of 2018, Dated:11.04.2018.

5. Several Representations including representations of Sri Gade Srinivasulu

Naidu, Sri Rama Surya Rao, Dr.A.S.Rama Krishna, Sri Balasubrahmanyam,

and Sri Kathi Narasimha Reddy, Hon’ble Members of A.P. Legislative Council.

* * *

ORDER:

Government of India vide Office Memorandum 14020/1/90-Estt. (L) Dated:

6.4.1993, Department of Personnel & Training allowed encashment of Half Pay

Leave at the credit of Government servants who retire on superannuation subject

to the condition that pension and pension equivalent of other retirement benefits

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Registered No. HSE-49/2016

W.No.23

AMARAVATI, TUESDAY , JUNE 12, 2018

G.170

PART I - NOTIFICATIONS BY GOVERNMENT, HEADS OF DEPARTMENTS

AND OTHER OFFICERS

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NOTIFICATIONS BY GOVERNMENT

be deducted from the amount payable as cash equivalent. The State Government

in pursuance of the recommendations of the High Power Committee extended the

benefit of encashment of Half Pay Leave at the credit of State Government employee

on retirement as applicable to Central Government employees.

Based on the recommendations of 6th CPC, the Government of India issued

revised orders changing the formula vide O.M.No. 14028/3/2008 - Estt. (L)

Dated: 25th September, 2008. The Ninth Pay Revision Commission recommended

to adopt the same formula in the case of encashment of leave also subject to the

condition that the total number of days of earned leave + leave on half pay put

together should not exceed 300 days for encashment. Accordingly orders were

issued in G.O.Ms.No154, Finance(F.R.I) Department, Dated: 04.05.2010.

On the reference from the Director of School Education, a clarification was

issued vide Memo No. 7380/PE. Ser I/2012 Dated: 10.12.2012 that orders issued in

G.O.Ms.No.154, Finance(F.R.I) Department, Dated: 04.05.2010 are applicable to

the Government employees and not applicable to the employees of the Panchayat Raj

and Municipal institutions. It led to large number of teachers approaching to the

Hon’ble APAT.

The Tenth Pay Revision Commission recommended to extend the facility

of encashment of Earned Leave, including the Half Pay Leave up to a maximum

of 300 days to all the employees, teaching as well as non-teaching staff of aided

institutions and local bodies i.e., Aided Junior Colleges/Degree Colleges/Oriental

Colleges and also for teaching and non-teaching staff of Aided Schools and the

employees of Panchayat Raj and Municipal institutions.

The Hon’ble APAT allowed the OA No. 6775/2014 on 31.12.2015 with the

following observations :

‘’This Court had an occasion to deal with the issue whether the employees

including teachers of the Panchayat Raj & Municipal Institutions , ZP and

MP Institutions are Govt. Servants or not and it was held by this court in OA

No.1668/2015 and batch Dt:15.12.2015 that the employees including

teachers of the Panchayat Raj & Municipal institutions are government

servants. So, in view of the same, the said issue is held in favour of the

applicant in the present case also and consequently the Impugned Govt.

Memo No. 7380/PE- Ser.I / 2012, Dated: 10-12-2012 Education (P.E.)

Department is set aside and the respondents are directed to allow the

applicant to encash the half pay leave in terms of G.O.Ms. No. 154 Finance

(F.R.-I) Department, Dated: 4-5-2010 with all consequential benefits”.

Accordingly, orders were issued in the references second read above,

extending the orders issued in the reference first read above to the teaching and

non-teaching staff working in the Municipal, Panchayat Raj and Aided Institutions

on par with the Government employees. In the reference third read above, the

same facility was extended to the teaching and non-teaching staff of Aided Junior

Colleges/Degree Colleges/Oriental Colleges and also for non-teaching staff of

PR, Municipality and Aided Schools on par with the Government employees.

ANDHRA PRADESH GAZETTE, June 12, 2018

Several court cases have been filed and they were allowed on the analogy

of the above directions of the Hon’ble A.P. Administrative Tribunal. Several

representations have been received and Hon’ble Members of A.P. Legislative

Council particularly the teachers’ representatives raised the issue and requested

the Government to implement the orders of Hon’ble APAT with retrospective

effect i.e. from the date of issue of orders in the reference first cited.

Government after careful examination of the matter and keeping in view

that homogeneous group of employees cannot be discriminated, in suppression

of the orders issued in GO third read above hereby order that the orders issued

in the reference first read above be extended to the teaching and non-teaching

staff working in the Aided Junior Colleges / Degree Colleges / Oriental Colleges

and also for teaching and non-teaching staff working in PR, Municipality and Aided

Schools with effect from 4.05.2010.

The G.O. is available online and can be accessed at the address http://www.ap.

gov.in/goir and http://www.apfinance.gov.in.

MUDDADA RAVICHANDRA,

Principal Secretary to Government (FAC).

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ANDHRA PRADESH GAZETTE, June 12, 2018

Published and Uploaded by the Commissioner of Printing, Government of Andhra Pradesh at

Government Regional Press, Vijayawada, wwwapegazette.cgg.gov.in