DEVENDRA PRASAD SINGH SON OF YUGESHWAR PRASAD SINGH, RETIRED HEAD MASTER, HIGH SCHOOL, GOPALWAD PRANAWA, P.S. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Despite adjournment having been granted earlier on 25th Jan., 2017 to file counter affidavit, the State has failed to file counter affidavit in the matter.

(2.) The only grievance of the petitioner, in the instant writ application, is for payment of 44 days salary in lieu of utilized earned leave in addition to 256 days paid earlier.

(3.) Learned counsel for the petitioner submitted that the petitioner retired from service as Headmaster from High School, Gopalawad Pranawa, Police Station- Sarmera, District-Nalanda on 31st Oct., 2014 on attaining the age of retirment. He was granted earned leave of 366 days from 14.04.1987 to 06.10.2014. Under the rule an employee is entitled for payment of earned leave upto maximum period of 300 days only. However, the respondents paid salary in lieu of unutilized earned leave of 256 days only against 300 days to the petitioner. It is submitted that under the Right to Information Act the petitioner was informed that summer vacation/Panchayat Election/General Election/census duty is not to be counted as earned leave/duty period in view of letter no.174 dated 20/21.01.2011 issued by the Education Department, Government of Bihar, Patna.