DURA KUMARI Vs. STATE

JUDGEMENT

(1.) At the time of her migration, petitioner was working as Lady Social Worker in the Social Welfare Department. Due to the prevailing circumstances in the valley, she migrated to Jammu in the year 1990. After migration, the petitioner continued to draw her leave salary without being assigned any job. The said decision to pay leave salary to the migrant employees was taken by the respondent-State in view of extraordinary situation which had arisen due to the prevailing circumstances. As consequence, Government vide its order No. 605-GAD of 1991 dt. 26th of June'91, took following decision:

(2.) Petitioner submits that she superannuated in the year 2004 and is entitled to 300 days earned leave and cash equivalent for the same. Her grievance is that she is being denied this benefit on the ground that from 1991 to 2004 she has been drawing leave salary without any job, and as such, she is not entitled to cash equal to the earned leave salary for a period of 300 days.

(3.) In the reply submitted by respondents, it is stated that the pensionary benefits have been released in favour of the petitioner except the cash in lieu of the earned leave which is due in favour of the petitioner for 91 days only. It is thus stated that the petitioner is not entitled to cash in lieu of the earned leave beyond 91 days.