9 th May, 2024 SASHIKANTA MISHRA, J. . The petitioner has approached this Court with the following prayer;

“ It is therefore humbly prayed that this Hon’ble Court may kindly be pleased and be gracious enough to issue “Rule Nisi” calling upon the opposite parties to show cause or show insufficient cause then make the rule absolute;

Page 2 of 8 And be pleased to issue a writ of certiorari and quash the letter dt. 19.02.2013 under Annexure-2 series and letter No.18298 dt.

06.07.2013 under Annexure-5 series and issue a writ of mandamus directing the opposite parties to consider his last representations dt. 16.11.2013 under Annexure-7 and dt. 20.12.2013 under Annexure-8 and allow encashment of leave salary and other dues for 152 days unutilised earned leave outstanding towards roster duty performed during vacation, while in service, within a stipulated period with interest and litigation cost.

And be pleased to pass any other order/orders as deem fit and proper;

And for which act to kindness, the petitioner as in duty bound shall ever pray.

2. Heard Mr. P.K.Das, learned counsel for the petitioner, Mr. S.N.Pattnaik, learned Additional Government Advocate for the State and Mr. T.P. Acharya, learned counsel appearing for the University.

3. Though this case has been pending for nearly 10 years, the point of law involved is rather short. The petitioner retired on attaining the age of superannuation as Professor Post Graduate Department of Psychology in Utkal University on 31.01.2008. By such date, he had rendered 34 years of service. He was paid his retirement benefits but Earned Leave Encashment was not allowed. Ultimately, he was allowed to encash 129 days of Unutilised Earned Leave in lieu of salary and permissible allowances vide order dated 14.11.2012 of Page 3 of 8 the Registrar of the University. The petitioner’s grievance is that having performed roster duty during vacation for 457 days during his service career, he is entitled to Earned Leave on such count, calculated at the rate of the one third of such period. In other words, he is entitled to Earned Leave Encashment for performing roster duty during vacation for 152 days. He submitted several representations to the University Authorities but no action was taken.

4. Counter Affidavit has been filed by the University Authorities (Opposite Party Nos. 2,3 & 4). In the Counter Affidavit so filed, the relevant facts have not been disputed.

Significantly, under Paragraph 11 it is stated as follows:

“That as regards the averments made in Paragraph 15 of the writ petition it is submitted that statute 282 of OUFS 1990, that prescribe to follow the Orissa Leave Rules 1966 in case of University employee has so far not been amended to accommodate the UGC prescribed leave Rules.

This fact is also evident from the UGC letter annexed as Annexure-9 to the writ petition.

Hence the petitioner’s claim for calculation of E.L. in lieu of roster duty as per UGC leave rules is misconceived and is not available to be granted.

The University has already disbursed his leave salary for 129 days as per audit recommendation. If the State Government passes an order in favour of the claim of the writ petitioner, the University will not delay for Page 4 of 8 payment of balance amount if any of earned leave in lieu of roster duty.”

Further, copy of letter dated 17.01.2008 of the Registrar, addressed to the Government, in the department of Higher Education is also annexed as Annexure-B/2 to the counter.

In the said letter, reference has been made to the UGC Leave Rules for Teachers of University as per which Earned Leave to the extent of one third of the period spent on roster duty during vacation is admissible. It is further stated that the Government has been requested to submit necessary clarification whether teachers performing roster duty during the vac