PREM MOHINI SADANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prem Mohini Sadana, petitioner who was formerly Lecturer, Government Girls Higher Secondary School, Sector 18, Chandigarh, has filed the present writ petition for the issuance of writ of mandamus for the grant of benefit of leave due under the rules and payment of leave salary together with interest at the rate of 18 per cent per annum from 1.10.1984. The admitted facts of the case are as follows :

(2.) The petitioner has rendered 30 years' service in Education Department as a Teacher, she was the winner of the best teacher merit certificate. She sought voluntary retirement under the Punjab Civil Services (Premature Retirement) Rules, 1975 , with effect from 30.9.1984 after serving 3 months' notice as laid down in the rules. She sought retirement on domestic grounds.

(3.) The petitioner placed reliance on the provisions of Rule 8.116 (Note 4) read with Rule 8.122 of the Punjab Civil Services Rules , Volume I, Part I, for laying claim that if a government employee seeks voluntary retirement, he shall be entitled to leave salary, reduced by the amount of pension in lieu of leave due and admissible. The petitioner submitted her application dated 1.8.1984 (Annexure P-1) well within the period of notice for the voluntary retirement, she requested in the application for the leave salary under the aforesaid Rules. The said application was recommended by the Head of Office, i.e. Principal, Government Girls Higher Secondary School, where she was working at the time of seeking voluntary retirement. The application was forwarded to the Government through the Director of Public Instruction (Schools), Union Territory Administration, Chandigarh. It is claimed that according to the entries in the service book, half-pay leaves to the extent of 420 days was due to the petitioner on the date of application. The Government declined the request of the petitioner by a single line order : "Government have considered your request and rejected.", vide Annexure P-5 dated 27.2.1989. The State Government has filed written statement through Mrs. Jesmer Kaur Kang, Deputy Director (School Administration). In the written statement the State has defended this action. The material provisions of the rules bearing on the question are as under :