Affiliated college teachers can encash up to 300 days of leave: Punjab and Haryana High Court
Court ruling to have wider ramifications for teachers serving in non-govt colleges affiliated to PU
In a ruling with wider ramifications for teachers serving in non-government colleges affiliated to Panjab University, the Punjab and Haryana High Court has held that such teachers are governed by the Punjab Civil Services Rules (CSR) in matters of earned leave and are entitled to encashment of maximum 300 days of leave.
“It is evident that teachers of non-government colleges are governed by CSR regarding earned leave. As per CSR, employees are entitled to encashment of maximum 300 days’ leave,” Justice Jagmohan Bansal asserted.
The ruling came as Justice Bansal allowed a petition filed by a retired associate professor of DAV College, Sector 10, Chandigarh. He had moved the court seeking direction to a respondent to pay leave
encashment of 247 days instead of 180.
Justice Bansal’s Bench was told that the petitioner joined DAV College in August 1986 and was subsequently promoted as associate professor. He retired on December 31, 2018, and was granted leave encashment of 180 days “although he was having 247 earned leave to his credit”.
Justice Bansal asserted the petitioner was part of DAV College, affiliated to Panjab University. “The college is not a government college, however, is a government-aided college. The teachers of said college are governed by Panjab University calendar. Chapter X of the calendar clearly prescribes rules for teachers working in non-governmental colleges affiliated to Panjab University regarding leave,” the court observed
Justice Bansal added a perusal of a clause in the calendar made it evident that the teachers of non-government colleges were governed by CSR “regarding earned leave”. The court added the petitioner was having 247 days of earned leave to his credit at the time of retirement. As such, he was entitled to encashment of 247 days “being less than the ceiling”.
Before parting with the order, Justice Bansal asserted the court was of the considered opinion that the petitioner was entitled to encashment of 247 days’ leave instead of 180 days. “The respondent is hereby directed to pay leave encashment of remaining 67 days. The needful shall be done within two months from today failing which respondent shall be liable to pay interest at 9 per cent per annum from the expiry of said period,” Justice Bansal concluded.
