CISF constable challenged refusal of weekly off; he received only 11 weekly offs out of 52. The court disposed of the writ petition directing him to file a representation before respondent no. 7, who must consider it with governing circulars and pass a reasoned order within 8 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1564 of 2022
----
Vikash Kumar ...Petitioner
Versus
...Respondents
CORAM : HON’BLE MR. JUSTICE DEEPAK ROSHAN
--
For the Petitioner : Mr. Arun Kumar Dubey, Advocate For the Respondents : Ms. Nitu Sinha, CGC
--
06/05.01.2024 Heard learned counsel for the parties.
Learned counsel further submits that the petitioner is placed under low medical category with effect from 19.12.2019 by the department itself and he is now suffering from various ailment such as cardiac problem, spinal cord problems etc. therefore, the health of the petitioner requires at least one day weekly off in order to get the recovery of his health. Learned counsel further draws attention of this Court towards Annexure-R-3 of the counter affidavit
and submits that out of 52 weekly off, the petitioner has been granted only 11 days weekly off.
Learned counsel contended that no person can work continuously and basic concept of weekly off was for the reason that the efficiency of any Constable will increase because admittedly if any person will work continuously for 30 days, he cannot perform as he would have performed by taking leave of one day in a week. He further draws attention towards Annexure-R-7 which deals with encashment of compensatory leave by CISF personnel.
He lastly submits that the case may be disposed of by directing the respondents to think over the matter that the petitioner is discharging his duty continuously even on holidays without any break and the importance of weekly off has been incorporated in the Service Rules for the sole reason that a person cannot work continuously for immemorable time without any break and that is the reason that there is a leave after every 5 days or 6 days in any of the department. The petitioner is working in this area since more than three years; as such the respondents should consider sympathetically the issue of weekly off in case of the petitioner.
application is hereby disposed of by giving liberty to the petitioner to file a representation before the respondent no. 7 making his claim for weekly off.
If any such representation is filed by the petitioner, the respondent no. 7 should look in to the matter along with circular governing weekly off to an employee and also the concept of weekly off and pass a reasoned order after giving opportunity to the petitioner. It goes without saying that the reasoned order shall be passed within a period of 8 weeks from the date of receipt/production of a copy of the representation.
(Deepak Roshan, J.)
jk
1 issue framed by the court
Whether denial of weekly off to a CISF constable in low medical category was justified when only 11 of 52 weekly offs were granted.
Vikash Kumar
Union of India through the Secretary, Ministry of Home Affairs
The Secretary, Ministry of Home Affairs
The Director General of CISF, New Delhi
The Inspector General of CISF, Eastern Sector Ranchi
The Deputy Inspector General of CISF, East Zone Head Quarter Patna
Deepak Roshan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
