PINAK PANI ROY CHOUDHARY Vs. VICE-CHANCELLOR BIHAR

JUDGEMENT

(1.) In this writ petition., the petitioner seeks for issuance of a writ of mandamus for payment of full leave salary for accumulated leave for a period of 1229 days, whereas he was allowed leave salary for only 120 days by the Vice Chancellor excluding dearness allowance.

(2.) According to the petitioner's case, he was an employee of the Patna University at the time his services were taken over under Section 53 of the University of Bihar Act, 1951. The petitioner worked for 28 years and was to retire on 3 -10 -1969, but under the approval of the Syndicate, his service was extended from time to time till he retired on 23 -10 -1973. During all this period the petitioner had been craving for grant of leave admissible to him, but he was not granted leave, including leave preparatory to retirement. According to the petitioner his entire leave due is for 1229 days.

(3.) The leave salary due to the petition was placed before the Finance Committee of the university, as was done in the case of Principal of C. M. College, Darbhanga, Sri Quasim Hussain, as per Government Order No. F -1701 (70) 5619 dated 16 -3 -1970. The Finance Committee, referred to Article 5(3) of Chapter XV -A of the Bihar University Statutes, which envisages, that leave admissible shall lapse on the date on which a University servant must compulsorily retire, provided he has been denied leave in whole or in part, on account of exigencies of University service, in that event, leave due will extend to a date beyond the date of compulsory retirement. But for this, there roust be evidence to show that the leave was duly applied for. The Finance Committee also referred to the letter dated 16th of May 1970 of the State Government in the Department of Finance, which directed all Departmental Heads of Government that the leave refused to an employee should be granted even after his retirement. The Finance Committee thereafter referred to various applications of the petitioner for grant of leave which were consistently refused for exigencies of duty and cited the instance of Sri Quasim Hussain, who was allowed 112 days earned leave on full average pay and 300 days medical leave on full pay. The Finance Committee computed the leave due to the petitioner as follows: