temporary status, leave entitlement will be on a pro-rata basis @ of one day for every 10 days of work. Casual or any other kind of leave, except maternity leave, would not be admissible. The only bar as discernible from this para, for the grant of leave encashment, is on the contingency of termination or of an employee quitting the service. This para also entitles an employee, on regularization, to carry forward the leave at his credit. There is nothing in this provision which even remotely suggests that leave encashment will be given only on regularization, and that a temporary status employee will not be entitled to the same. If a temporary status employee is entitled to avail of leave, there is no reason to deny him encashment of his accumulated leaves which he did not avail of, though entitled. It is an undisputed fact that the respondent had superannuated and his services were neither terminated, nor he had quit the service. This Court thus finds that by virtue of Para 5 (III) of the OM dated 10.09.1993, respondent was clearly entitled to leave encashment and the learned Tribunal has rightly allowed the OA granting the said benefit to the respondent. Additionally, the learned Tribunal has also relied on two judgments of the coordinate Benches of the learned Tribunal in OA No. 4374/2013 decided on 22.08.2016 and OA No. 1255/2013 decided on 13.03.2015, respectively, wherein leave encashment benefits were granted to the applicants, who were identically placed as Casual Labourers with Temporary Status. As regards interest and delayed payment of gratuity, the learned Tribunal has relied on the judgment in OA 4374/2013 (Supra) as well as Section 7(3A) of The Payment of Gratuity Act, 1972 which clearly stipulates that if the amount of
