WP(C) 5932/2010 BEFORE HON’BLE MR JUSTICE B. K.SHARMA Heard Mr MH Rajbarbhuiya, learned counsel for the petitioner as well as Mr AD Ch oudhury, learned Standing Counsel for the education department. The petitioner, who retired from service as Principal(i/c) of the Moinul Hoque Choudhury H.S. School, Sonabarighat, Silchar, Cachar, has filed this writ petition for a direction to the respondents to give him the leave encashment be nefit of 315 unutilised leave, he having served the school during vacation. In t his connection, the petitioner has referred to annexure-1 certificate dated 24th August, 2009 issued by the Inspector of Schools, Cachar District Circle, Silcha r. The case of the petitioner is that since other similarly situated teache rs having been extended the leave encashment benefit, the petitoner should also be given the said benefit. In the counter-affidavit filed by the Deputy Director of School Educatio n, Assam, it has been stated that the petitioner ought to have submitted his rep resentation to the Director of Secondary Education, Assam, through proper channe l. It is contended that the Inspector of Schools, CDC, Silchar, is not the final authority to decide the issue. The respondents have also stated in the counter-affidavit that the petit ioner is not entitled to the prayer made in the writ petition. In this connectio n, it has been stated thus: That with regard to the statement made in paragraphs 3, 4 and 5, the de ponent begs to state that order for performing vacation duties during each vacat ions before retaining the vacation duties as per Leave Rules in respect of vacat ion Department for employees are required. The limitation of earned leave for other Govt.officers/employees is maxi mum of 300 days but being a teacher of a provincialised school and being a staff of Vacation Deptt, as per existing Rules and orders, payment of cash-equivalent to leave salary has been limited to a maximum of 80 days earned leave accrued a t credit on the date of retirement. But in the instant case, the petitioner has claimed for 315 days earned leave, which he is not entitled. After the publication of revised pay Rules the petitioner obtained a certificate from the Inspector of Schools, C.D.C., Silchar which is not approved by the respective Inspector of Schools, under whose tenur e/period the teacher concerned had performed duties during the vacation i.e. sum mer vacation/puja vacation etc. That with regard to the statement made in paragraphs 7 and 8, the depone nt begs to state that the benefit of SR 114 is not applicable in respect of teac hing staff of Vacation Depattment. The same is applicable only to the non-teachi ng staff of the provincialised Schools. Further as per provision under the ROP R ules 2010, the admissibility of earned leave to the teaching staff is 150 days a nd accordingly Finance Deptt has issued necessary Office Memonrandum allowing ma ximum of 150 days unutilized earned leave w.e.f. 1.1.2010 and prior to that the maximum limit of availing earned leave in favour of the teaching staff was 80 da ys only. That with regard to the statement made in paragraph 9, the deponent begs to state that of under the provisions of Rule 2(v) of the Assam Secondary Educa tion(Provincialised) Service Rules, 2003, the teacher means - all Asstt teachers , faculties including the Principal, Vice-principal, Headmaster, Headmistress, S uperintendent, Asstt. Headmaster and Demonstrators. That with regard to the statement made in paragtraph 12, the deponent st ates that the Annexure-2 and 3 orders are not identical cases. The Annexure-2 do cument dated 24.10.2002 showing the grant of leave encashment benefit was isused prior to the publication of Assam Secondary Education (Provincialised) Service Rules 2003 and the Annexure-3 document dated 10.12.2003 is a case of Govt. estab lishment under the SCERT, Assam . Considering the matter in its entirety and as agreed to by learned couns el for the parties, the writ petition is disposed of directing the Director of S econdary Education, Assam, to take on record the annexure-5 representation dated 28th September, 2009 and dispose of the same in accordance with law and taking note of the attending facts and circumstances. Let the representation be dispos ed of as expeditiously as possible, preferably within three months from today.