JUDL CLASS IV EMPLOYEES ASSN Vs. DT JUDGE

JUDGEMENT

(1.) THE first petitioner is the Class IV Employees in the Sub-Court atNarasaraopet. THEy are impugning the direction iss-ued by the District Judge, Guntur in his proceedings dated April 2, 1985, directing all the subordinate judicial officers to note that the Government in its letter No. 857 Home (Courts-D) dated August 27, 1980 stated that note-1 under Rule (ii) of the A.P. Leave Rules provides that the benefit of surrender of earned leave does nor apply to the last grade Government servants who ate in vacation department and, therefore, all those to whom such a benefit was given should be verified from their service registers and if any recomrnendation of sanction of surrendering their earned leave was there, it was directed that the said amount should be recovered from them. Assailing the legality thereof, this writ petition has been filed. Rule 20(ii) of the A.P. Leave Rules, 1933 provides that earned leave is not however, admissible to a last grade Government servant in a vacation department who is not in permanent employ. But the Government have issued orders in G.O. Ms. No. 393, Finance & Planning, dated December 31, 1975 wherein the Government have stated thus :

(2.) A reading of this order clearly shows that the Government haverevised their rules and issued orders directing that the A.P. Last Grade Class IV Government servants who are in temporary service and aie appointed under Rule 7 (a) of the A. P. Last Grade Service Rules are eligible to surrender at their option, any portion of earned leave to their credit OB the date of surrender not exceeding 15 days, once at an interval of twenty-four months, subject to all other terms and conditions governing the scheme of surrender of leave as amended from time to time,. Thereby it is clear that the Government have amended note (1) of Rule 20(ii) of the Leave Rules to the extent of Last Grade Class IV Government servants who arc appointed temporarily in the vacation department. As a result they are also eligible to surrender at their option any portion of their earned leave or leave on average pay standing to their credit or. the date of the surrender not exceeding 15 days once a an interval 24 months. As a result the instructions issued either by the Depui) Secretary Home Department or the learned District Judge are clearly illegal. The wr;t petition is accordingly allowed, but in the circumstances without costs Advocate's fee Rs. 350/-.