NABBI RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner wants quashing of the letter dated 29.3.2004 contained in Annexure-2 by virtue of which he has been directed to refund a sum of Rs. 61,688/- which was paid in excess under the head of earned leave. He also wants the benefit of promotion under ACP Scheme as well as a direction upon the respondents to promote him on the next higher post of Sub-Inspector since he had already passed the departmental examination on 28.1.2003.

(2.) Initially petitioner entered service of the Indian Army and served under them for 24 years. After his superannuation, looking at his experience and skill the Border Security Force appointed him on the post of Head Electrician from 25.9.1989. On completing 13 years under the Border Security Force he retired on 31.7.2004. Just before his superannuation he received a communication dated 29th March, 2004 which is Annexure-2 to the writ application wherein it was stated that since the petitioner was granted and had availed 60 days leave per year when his entitlement is only for 30 days, he had availed excess of leave which required regularization by ajdustment in leave which may be available to him. But as the petitioner was going to superannuate soon therefore after due rectification of entitlement of earned leave to 30 days he had over run excess leave by 278 days. A look at Annexure-2 would show the calculation and as to how a sum of Rs. 61,688/- was calculated and ordered to be recovered from his retiral dues.

(3.) The Court will deal with this aspect of the matter first. From the pleading of the petitioner as well as the respondents it is apparent that under the leave rules such personnel who were deployed with a battalion or a unit or in active engagement were being granted 60 days earned leave a year. With regard to other personnel it was limited to 30 days. To bring about uniformity in the provision as well as on the demand made by the other personnel of the Border Security Force the matter was forwarded to the Ministry of Homes, Government of India. A decision in his regard took almost two years and the request was negated. In other words, the clear distinction between those personnel who were posted at the Headquarter or Peace Stations vis-a-vis active engagement was maintained. lt seems based on the forwarding of the proposal itself the Border Security Force authorities were graning 60 days earned leave to its personnel of all categories. When Government of India turned down the request, a policy decision was taken thereafter for correction in leave record of all such personnel. Petitioner's leave record was also put under scruity since his superannuation was on the horizon. The consequence is Annexure-2 with which the petitioner is aggrieved.