Early Times Report
Srinagar, Nov 30: Observing that leave rules do not say that every government servant has to be paid cash equivalent of leave salary of 300 days, the state high court has ordered government to pay Rs 1,41,672 to a retired teacher of the valley in lieu of earned leave sanctioned in his favour by the concerned Zonal Education Officer (ZEO).
A resident of far-flung Chanipora area of Karnah in Kupwara district, petitioner Mohammad Tawaseen retired as a teacher from the education department on December 31, 2009. ZEO, Chamkote, on August 27, 2011, ie 18 months after his retirement, accorded sanction to the grant of leave salary of Rs 1,41,672 in his favour in lieu of the earned leave of 168 days found at his credit on verification of his service book. The order was endorsed to the CEO, Kupwara.
The CEO, in turn, sent the papers on October 20, 2011 to the DSEK (director of school education, Kashmir), for necessary action, but the chief accounts officer (CAO) in the latter's office returned the papers with an endorsement that there was no earned leave at the credit of the retiree and that the 'detention' shown in the leave account record be approved by competent authority.
Simultaneously, DSEK calculated the leave of Tawaseen as 39 days which has been reflected at the bottom of the leave account statement as had been prepared by the ZEO.
"Prayer of the petitioner to declare him entitled to cash payment equivalent to leave salary for 300 days as per Rule 27 of the 1979 Leave Rules, it is seen that sub-rule (1) of the said Rule speaks that a Government servant may be paid cash equivalent of leave salary in respect of the period of earned leave at his credit at the time of retirement. The expression used is 'at his credit' which means the leave that a government servant would be entitled to and would earn and accumulate under either of the two applicable rules - Rule 26 or Rule 27 - as the case may be, and such concession will be subject to, inter alia, the condition that the payment of cash equivalent of leave salary shall be limited to a maximum of 300 days," Justice Ali Mohammad Magrey said, adding that the rule 'does not say that every government servant has to be paid cash equivalent of leave salary for 300 days.
"The payment has reference to the leave at his credit. The claim of the petitioner is wholly based on misconception of law," the court said and held that Tawaseen was entitled to the cash amount of Rs 141,672 in lieu of the earned leave sanctioned in his favour by the concerned ZEO in terms of order dated August 27, 2011, together with 4 pc interest from the date of the sanction order, ie August 27, 2011 till the amount along with the interest was actually paid to him.
"The writ petition is, accordingly, allowed. The endorsement made by the CAO on the communication of CEO, Kupwara, bearing No 15500 is quashed," the court ordered.
The court directed DSEK to release and pay to the petitioner Rs 1,41,672 in lieu of leave salary sanctioned in his favour by the ZEO, Chamkote together with 4 pc simple interest per annum from the date of the sanction order till the amount is actually paid to him. "The aforesaid exercise shall be completed within 30 days from the date of this judgment," the court directed.
"If the payment is not made within the stipulated time, the petitioner would be entitled to a further simple interest of 4 pc per annum, ie a total of 8 pc interest, on the amount with effect from the first day after the expiry of the period of one month till the amount is actually paid to him. It is also provided that after such payments are made to the petitioner, the government shall be free to recover the amount equivalent to the awarded simple interest of 4 pc that may be paid to the petitioner quantifiable upto expiry of stipulated one month on the amount in question from the person of CAO who exceeded his powers and arbitrarily dealt with the case of the petitioner, rejected and returned the papers to the CEO, of course, after giving him an opportunity of being heard," the court added.
The court also held Tawaseen entitled to token costs of Rs 3,000 from DSEK to be paid to him on his proper identification before the Registrar Judicial. |
