JUDGMENT - S.H. KAPADIA, J.:---By this writ petition, the petitioner seeks payment of Rs. 6034.80 paise being the cash equivalent of leave salary of six months with interest at 18% from 1st July, 1982 till date. 2. The facts giving rise to this writ petition briefly are as follows: 3. The petitioner was employed as headmaster with Progressive Education Society, Pune. He retired in June 1982. Prior to that date, he was working as Headmaster with respondent No. 1 from June 1975 upto June 1982. The job of the petitioner was non-vacational. He was required to perform duties during vacation. In the circumstances, the petitioner has claimed the above amount under Rule 18 of the Maharashtra Employees of Private Schools Regulations Act, 1977 and Rules, 1981. 4. For the purposes of deciding this petition, it would be relevant to quote Rule 16(18)(b) of the said Rules which reads as follows : "16. Maternity leave shall not be debited to the leave account. Leave of any other kind may be granted in continuation of maternity leave, if the request for granting it is supported by a medical certificate. 18(b). The Head (but not the Assistant Head) of a secondary school shall, for the purpose of compensating the work which he is required to do during vacation, be entitled to earned leave for 15 days for every completed year of service after 1st day of April, 1981. However, the Head, shall cease to earn any such leave when the earned leave in balance, if any, to his credit on that day and the earned leave earned by him after that day is accumulated to 180 days." In the present matter, it is not in dispute that respondent No. 1, Progressive Education Society is imparting primary education. It is not in dispute that respondent No. 1 is the management of the primary school. Bare reading of the above quoted Rule 18(b) of the said Rules clearly indicate that earned leave is not admissible to the head of a primary school. That the rule applies only to head of secondary school. In the above circumstances, the said rule has no application to the facts of the present case. It may also be mentioned that the same position is also made clear under Rule 16(29) which reads as follows :- "16. Maternity leave shall not be debited to the leave account. That the rule applies only to head of secondary school. In the above circumstances, the said rule has no application to the facts of the present case. It may also be mentioned that the same position is also made clear under Rule 16(29) which reads as follows :- "16. Maternity leave shall not be debited to the leave account. Leave of any other kind may be granted in continuation of maternity leave, if the request for granting it is supported by a medical certificate. 29. An employee (including an employee to whom provisions of sub-rule (18) apply) retiring on superannuation shall be eligible to receive payment of cash equivalent to leave salary in respect of the period of earned leave at his credit at the time of retirement limited to a maximum of 180 days of earned leave. He shall also be entitled to pension and pension equivalent of Death-cum-Retirement Gratuity in addition to the cash payment of leave salary, subject to the following conditions namely : (a) The payment of cash equivalent of leave salary shall be limited to a maximum of 180 days earned leave; (b) the cash equivalent of leave salary thus admissible shall become payable on retirement and shall be paid in one lump-sum as a one-time settlement. (c) the cash payment shall be equal to leave salary as admissible for earned leave and dearness allowance admissible on that leave salary at the rates in force on the date of retirement. No Compensatory Local Allowance and House Rent Allowance shall be payable; (d) the authority competent to grant leave shall suo motu issue orders granting cash equivalent of earned leave at the credit of the employee on the date of retirement." Rule 29 of the makes it very clear that an employee retiring on superannuation shall be eligible to receive payment of cash equal to leave salary only if such an employee is working as the head of a secondary school. The petitioner admittedly retired as head of primary school and in the circumstances, Rule 16(18)(b) and 16(29) has no application to the facts of the present case. In the circumstances, there is no merit in the writ petition. Rule stands discharged with no order as to costs. Writ petition dismissed. -----