B N ASTHANA Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 31-10-2001 and communication dated 6-3-1992 Annexure-8 to the writ petition. The petitioner has prayed for a mandamus directing the respondents to sanction to the petitioner salary for three months on account of unavailed earned leave for the period during which the petitioner has functioned as Vice-Chancellor of Kanpur University and to disburse the same with interest.

(2.) IN this case on 12-4-2002 respondents were granted 3 weeks to file counter-affidavit but no counter- affidavit has been filed so far. Hence, we are treating the allegations made in the writ petition to be correct.

(3.) IN our opinion there is no merit in this writ petition. Since there is no provision for encashment of leave to the Vice-Chancellor as stated in Annexure-9 to the petition this Court cannot grant the prayer of the petitioner. The rules relating to Government servants are not necessarily applicable to the Vice- Chancellor, as he is not a Government servant. Hence, Article 14 of the Constitution has no application here. Petition dismissed. Petition dismissed. .