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Judgment
Heard.
Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsels for the parties.
The petition challenges the communication dated 25.07.2024 issued by respondent no. 4, returning the pay bills of the petitioner for encashment of the Earned Leave, who admittedly worked as Headmaster from 15.04.2002 to 30.06.2018, on the ground that he was demoted to the post of Assistant Teacher from 01.07.2018.
Rule 16(18)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 entitles the Headmaster of a Secondary School to Earned Leave for 15 days for every completed years of service after 01-04-1981. No doubt, the petitioner was demoted to the post of Assistant Teacher from 01.07.2018; nevertheless, he worked as Headmaster of the Secondary School of respondent no. 2 from 15.04.2002 till 30.06.2018 and therefore, he shall be entitled to Earned Leave subject to maximum accumulation of 180 days.
Therefore, the impugned communication dated 25.07.2024 issued by respondent no. 4 does not stand and is hereby set aside. Respondent nos. 3 and 4 are directed to reconsider the pay bill of the petitioner for encashment of Earned Leave submitted by respondent no. 2 within four weeks from the date of receipt of this
order.
In the above said terms, the petition is disposed of. Rule is made absolute accordingly. No costs.