TAPEN SEN, J. - (1.) HEARD Mr. S.K. Ughal, learned counsel for the Petitioner and Mr. A.K. Mehta, learned S.C. -for the State Respondents.
(2.) THE Petitioner claims LA. Trained Scale from 1982. His claim is based upon Annexure -I which is an Order dated 16.12.1978 by which it appears that the Petitioner was granted I.A. Trained Scale. Mr. Ughal has submitted that the Petitioner continued to get that scale till August, 1982 but thereafter the same was stopped without assigning any reasons. According to the Respondents there was only one unit of LA. Trained pay scale for the concerned school and one Din Sandhu Ohdar was already working and getting that scale and therefore, although the Government had taken a decision of giving him the scale of LA. Trained from 01.04.1978 to August, 1982, the same was irregular and for that irregularity, the Petitioner cannot be allowed to plead estoppel against the State. There is substance in the submissions of Mr. A.K. Mehta. Moreover, the matter is of 1982. The Petitioner retired on 31.08.1999 and has filed this Writ Application on 12.09.2001. A claim being made in the year 2001 for an amount of money from 1982 till 1999, according to this Court, is a hopelessly belated claim and therefore to that extent the Writ Court would also not interfere.
(3.) SO far as the relief of Earned Leave encashment is concerned, Mr. A.K. Mehta has produced for perusal of this Court an unreported Judgment passed in WP. (S) No. 522 of 2002 delivered on 13.12.2002. In that case, it was held that the teaching and non teaching employees of non Government aided Schools or Minority Primary/Middle Schools are not entitled to leave encashment. In that view of the matter, no relief in relation to leave encashment also can be granted to the Petitioner. This Writ Application is accordingly dismissed. There shall however be no order as to costs.;