JUDGMENT : K. Vinod Chandran, J. The Union of India is before us challenging the order of the Tribunal directing 13 days to be added to the respondent-applicant's leave credit so as to enable her to encash the said leave also. 2. On facts, it has to be noticed that the applicant was appointed as a Daily Rated Clerk and she continued from 01.12.1976 to 01.06.1977. On 01.06.1977, she was appointed as a LDC. She rose upto the post of Assistant Passport Officer and retired on 31.01.2013. She was allowed encashment of only 287 days of earned leave, which entitlement she gets from Rule 39 of the Central Civil Services (Leave) Rules, 1972 [for brevity 'Leave Rules']. 3. The Tribunal found that Annexure A5 order deemed the service of Daily Rated Clerks as eligible to be counted for the purpose of terminal benefits. Leave encashment being a benefit on retirement, necessarily the 13 days leave she is entitled for her casual service, has to be included was the finding. 4. Sri.T.V.Vinu, learned Central Government Counsel has two contentions. One, Annexure A5 order relied on by the Tribunal only reckoned the casual service for the purpose of pension and specifically declined any monetary benefits. In such circumstance, the leave benefits, if at all, available cannot be encashed, is the submission. The next ground is that there is no eligibility for earned leave during the period of service as Daily Rated Clerk, since it is specifically excluded by the Leave Rules. 5. Annexure A5 order grants notional fixation of pay in the scale of LDC to all Daily Rated Clerks from the date of their initial engagement. It is specifically stated that no payment of arrears (monetary benefits) would be made for the said period. The casual service is also reckoned for terminal benefits. 6. As per the Leave Rules, specifically Rule 39, where a Government servant retires on attaining the normal age prescribed for retirement, the authority competent to grant leave has to suo motu issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, remaining in the credit of the Government servant subject to a maximum of 300 days. Admittedly the leave remaining in the credit of the applicant was 287. Admittedly the leave remaining in the credit of the applicant was 287. What the applicant prays for in the Original Application is actually the credit of the earned leave for the casual service rendered as a Daily Rated Clerk. 7. In this context, we have to look at the extent of application of the Leave Rules as is seen from Rule 2. The persons in casual or daily-rated or part-time employment, specifically by clause (b) of Rule 2, are excluded from the application of the Leave Rules. Earned leave is a benefit entitled to a regular employee by reason of Rule 26 of the Leave Rules. In such circumstance, merely because the casual service has been reckoned for terminal benefits, it would not enable the credit of the earned leave; for reason only of no eligibility for earned leave, for the period of casual employment. In the above circumstances, we set aside the order of the Tribunal and allow the Original Petition (CAT), leaving the parties to suffer their respective costs.