Excelsior Correspondent
SRINAGAR, Nov 30: Jammu and Kashmir High Court directed the authorities to release and pay an amount of Rs 141,672 as leave salary sanctioned in his favour with simple interest per annum from the date of the sanction order till the amount is actually paid to him.
Justice Ali Mohammad Magrey said Mohammad Tawseen, teacher, is entitled to the cash in the amount of Rs 141,672. “The respondents, especially, the Director, School Education, Kashmir, Srinagar, is directed to release and pay to the petitioner the amount of Rs 141,672 representing the cash in lieu of leave salary sanctioned in his favour by the Zonal Education Officer, Chamkote, in terms of order ZEOC/L/1703 dated 27.08.2011, together with 4% simple interest per annum from the date of the sanction order viz. 27.08.2011, till the amount is actually paid to him”, Court directed.
Court said the petitioner is also held entitled to token costs of Rs 3,000 from the Director, School Education, Kashmir, Srinagar, who has rejected his claim of leave salary and added that the said amount be paid to him on his proper identification before the Registrar Judicial of this Court.
Court while holding the respondents responsible for suffering of the petitioner unreasonably observed that the instant case cries ‘hoarse of the absolute and extreme impassivity’ on the part of the respondents who have turned unimaginably and unrelentingly deaf and heedless to the rights of the petitioner.
Court said since the petitioner had a right to receive cash in lieu of the earned leave at his credit and it is settled that right to sum of money constitutes property within the meaning of Article 19 of the Constitution. “As such the respondents could not legally have denied its payment to the petitioner or withheld the same. The same having been denied as well as withheld since August 27, 2011, the date it was sanctioned in favour of the petitioner by the competent authority, causing loss to the petitioner, the respondents are bound to compensate the petitioner for such inconvenience and loss”, reads the judgment.
The petitioner retired as a teacher from the Education Department of the State on December 31, 2009, and the Zonal Education Officer, Chamkote, vide his order No. ZEOC/L/1703 dated 27.08.2011, i.e., 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 Chief Education Officer, Kupwara, who sent the papers to the Director, School Education, Kashmir, Srinagar for necessary action.
However Accounts Officer in the office of Directorate of School Education, Kashmir, Srinagar returned the case of the petitioner 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 is approved/ sanctioned by competent authority.
Simultaneous with the above endorsement, petitioner’s leave was calculated as 39 days instead of 168 days.
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