DHIAN SINGH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner is seeking quashing of Communication Nos. Edu-Coll/PF-34/Eng. dated 20.01.2005; No. Edu-Coll/PF-34/Eng. dated 09.12.2005 and No. Edu-Coll/PF-34/Eng. dated 11.07.2007 addressed to Principal, Government Degree/Women College, Kathua by the Under Secretary to Government, Higher Education Department; whereby the representation of petitioner herein for cash-in-lieu of earned leave salary has been rejected being not covered under rules. The petitioner is also seeking a direction to the respondents to release the same in his favour for the period he had worked as Superintendent/Warden of Boys Hostel of Government Degree College, Kathua, with effect from 1981 to 2001 and implementation of Order No. 106-HE of 1999 dated 7.6.1999.

(2.) The facts as projected in the petition are that the petitioner worked as regular English Lecturer in the Higher Education Department of the State with effect from 1972 till he superannuated on 30.09.2003. It is averred that the petitioner was posted as Lecturer in English in Government Degree College, Kathua on 05.01.1973 and till his superannuation he continued as such. It is averred that during his tenure as a regular Lecturer in Government Degree College, Kathua, he was assigned the additional duty as Hostel Superintendent/Warden of the Boys Hostel in Government Degree College, Kathua in the year 1980, and in his capacity as a Superintendent of the Hostel he was not allowed the earned leave. Thus, it is averred that from the year 1980 till the year 2001 he was given the additional duties of Hostel Superintendent of the Hostel, therefore, did not avail the earned leave in any year, much less for the vacation period permissible to the employees of the Higher Education Department every year. It is averred that the Higher Education Department is a vacation department and the petitioner was serving in the vacation department. Further, it is averred that the Higher Education Department vide Order No. 106-HE of 1999 dated 07.06.1999 accorded ex-postfacto sanction for treating the period of summer/winter vacations for the period 1981 to 1998 in favour of petitioner along with two other Lecturers. The petitioner came to be retired on 30.09.2003 and after his retirement he was entitled to the benefit of cash-in-lieu of earned leave salary. However, it is averred, the Higher Education Department vide Edu-Coll/PF-34/Eng. dated 20.01.2005, impugned herein, rejected the claim of petitioner. It is averred that the Principal, Government Degree College, Kathua vide Communication No. KC/1597 dated 02.02.2005 again forwarded the case of petitioner, however, Under Secretary to Government, Higher Education Department vide Communication No. Edu-Coll/PF-34/Eng. dated 09.12.2005, impugned herein, intimated the Principal, Government Degree College, Kathua, that the request of petitioner was not agreed to by the Finance Department. It is averred that the petitioner again made a representation for reconsideration of his case, however, the same to came to be rejected by the Higher Education Department vide Edu-Coll/PF-34/Eng. dated 11.07.2007, impugned herein. Hence, the present writ petition.

(3.) Mr. Johal, learned senior counsel argued that in terms of Rule 37 of Civil Services (Leave) Rules, 1979, any Government employee working in the Vacation Department, if is detained in vacations and not allowed any earned leave for such period of vacations, is entitled to cash-in-lieu for the said period. He further argued that on similar lines one Shri Som Lal has been accorded the said benefit.