MANOHAR LAL JUNEJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Manohar Lal Juneja joined service on 25.6.1954. He retired as Head Master on attaining the age of superannuation on 30.4.1994. In accordance with the rules, he was entitled for payment of cash equal to leave salary. It was granted for 87 days in lieu of the earned leave. An order to this effect was passed on 10.2.1994 which reads:-

(2.) Petitioner's claim is that he was entitled to full earned leave and 219 days of earned leave even was verified by the District Education Officer, Rohtak. This is for the reason that petitioner's claim that he was assigned duty during summer vacation and was prevented from enjoying 219 days of vacation. The clerk in the school was absent during summer vacation. The head of the institution had passed an order for the petitioner to perform the duties as incharge, though the petitioner was working in the vacation department. He contends that in term of the Punjab Civil Services Rules , Volume 1, Rule 8.117(a) the petitioner is entitled to earned leave which should be credited to his account in accordance with the above said rules keeping in view that he had put in more then 20 years of service. It has further been contended that the State Government decided that teachers working under the Government will be entitled to 10 days earned leave on full pay in lieu of 20 days half pay leave and encashment of the leave would be admissible. Copy of the said circular has been appended which reads:-

(3.) In the reply filed the petition has been contested. Preliminary objection has been taken that petitioner was entitled for half of the period served by him in summer vacation. In accordance with the rules, the earned leave was rightly calculated and there is no mistake therein. Besides the duty period as mentioned above, the respondent's claim is that petitioner has been allowed the benefit of conversion of half pay leave into full pay leave from 13.5.1986 to 12.5.1993. In this way leave encashment for 178 days has become due.