01/ Through the medium of this petition, the petitioner has sought the following reliefs: “……..The Hon’ble court may be pleased to direct the respondents to grant sanction to the encashment of leave salary equivalent to eight months in favour of the petitioner in lieu of winter vacations for the period from 1995-96 to 2002-03 as confirmed by the respondent No.3 with further direction to the respondents to pay the amount of eight months leave salary to the petitioner within a period of one month. The petitioner has also sought a direction, as an interim measure, that pending final decision in the main case, the respondents 2 & 3 be directed to consider the representation of the petitioner and take a decision on the same in accordance with law governing the field.”

02/ What stems out of the pleadings made in this petition is that the petitioner is aggrieved of non-consideration of grant of encashment of leave in his favour in lieu of winter vacations for the years 1995-96 to 2002-03. It is submitted that the petitioner, though appointed as a teacher yet he was ordered to discharge the duties of Junior Assistant/Sr.Assistant in Government Boys High School, Wahabpora, when all the schools remained closed for winter vacations. It is further submitted that the petitioner was ordered to be retained during winter vacations pursuant to requisition made by the respondent No. 4 to respondent No. 3 as also in terms circular instructions issued by the authorities from time to time and such retention of the petitioner was confirmed by the respondent No. 3 qua the orders issued by him.

03/ Short grievance of the petitioner, as stated, is the inaction of the respondents to grant him the encashment of leave salary for 08 months in lieu of 08 years of winter vacations during which the petitioner was retained to do the office work in Government Boys High School, Wahabpora and thus, it is stated at bar, that in terms of the rules governing the field, the petitioner is entitled for encashment of leave salary in lieu thereof.

04/ Learned counsel submitted that the petitioner, on attaining the age of superannuation, has retired from the services of the respondent Department on 30-04-2024. She submits that the detention of the petitioner aforesaid has been ordered pursuant to the Circular instructions issued by the authorities of the respondent Department from time to time. In this regard, the petitioner has appended herewith a copy of one of such circulars issued by respondent No. 2 vide No. DSE/GS/3740-4354 dated 08-08-2000 in continuation to earlier circular dated 05-10- 1999, whereby it has been ordered that wherever posts of Junior Assistants/Senior Assistants are not provided in High/Higher Secondary Schools, the office work may be assigned to some teachers in the institution by the Head of the institution, by corresponding reduction of the teaching load of school teacher. Learned counsel submits that as already stated above, the petitioner was detained for the winters from 1995-96 to 2002-2003 and, as such, he was not allowed to avail winter vacations though, he was holding the substantive post of Teacher. The post-facto sanction was accorded to the detention of petitioner for the period from 1995-96 to 2000-2001 by virtue of order No. CEO/B/4241 dated 06-08-2001 (Annexure-I) issued by respondent No. 3. It is submitted that further detention of the petitioner for the years 2001- 2002 and 2002-2003 was confirmed by the respondent No. 3 by virtue of communication bearing No. CEOB/6438 dated 11-07-2002 and No. CEOB/Estt/2852-63 dated 29- 05-2003.

05/ It is further submitted that the petitioner, holding the post of Teacher on substantive basis, is entitled to winter vacations, however, because of fact that he was retained to look after the office work during the winters of 08 long years from 1995-96 to 2002-2003 and during the said period, when all the schools and colleges remained closed for winter vacations, the petitioner continued to discharge his