The State Of Sikkim vs Dr Mool Raj Kotwal

The Supreme Court examined the issue of whether an employee, after superannuation, can be granted leave encashment benefits for re-employment beyond the maximum period of 300 days as prescribed under the Sikkim Government Services (Leave) Rules, 1982. The High Court had allowed the respondent's claim based on Rules 36 and 32, which support re-encashment of unutilized leave during re-employment. The Supreme Court upheld the orders favoring the respondent, affirming that the rules permit such benefits, and dismissed the appeals filed by the State of Sikkim. The judgment clarifies the interpretation of leave encashment rules in the context of re-employment after superannuation.