The Madurai Bench of the Madras
high court has ruled that availing different kinds of leave was not a matter of right and they could not approach the court to convert one type of leave into another because salary was being recovered.
Justices V Ramasubramanian and N Kirubakaran gave the ruling while dismissing a writ appeal filed by a retired employee of Public Works Department to convert a considerable period of leave on loss of pay to unearned leave on private affairs.
M Ayyappan, who was serving as an Assistant Engineer, in Singampunari Sub Division in Sivaganga district and transferred to another location, did not join the location to which he was transferred and instead submitted a leave letter.
After seven months, he applied for 90 days of earned leave from October 19, 1985 to January16, 1986 and for unearned leave on private affairs for another 90 days.
He made a request also to sanction extraordinary leave, along with a medical certificate, but without pay for 92 days from April 17, 1986 to July 17, 1986. The then Superintending Engineer sanctioned the leave period but considered the second and third batch as leave on loss of pay.
He realised the sanction of two out of three types of leave caused a dent in his annual increments leading to certain recovery during the retirement.
The fact was that leave is not a matter of right, the appellant is guilty of delay and laches, the judges said, upholding the single judges order.
