ALEYAMMA SEBASTIAN Vs. ASSISTANT EDUCATIONAL OFFICER

JUDGEMENT

(1.) 1. It is true that in Ext.P1 judgment the appellant/writ petitioner was found to be entitled for the post of Headmistress with retrospective effect from 1.4.1988 with consequential benefits of Salary and other benefits. All except the leave surrender allowances at the time of retirement were granted. Leave surrender is applicable only to those who are entitled to earned leave, up to a maximum of 300 days. She had 156 days of earned leave to her credit. It is submitted that she earned leave only to that extent, while she was in actual and physical functioning as a Head Mistress. During the other period, during which she had been retrospectively given the benefits, she was only working as an Assistant Teacher. She availed vacation. As per the rules teachers who availed vacation, will not be entitled to earned leave. That she is entitled to get benefits with retrospective effect will not enable her to get earned leave credited for a period during which she had admittedly enjoyed vacation. If allowed, it will be a double benefit. So we find no reason for interference. Writ Appeal is dismissed.