A driver sought quashing of an order counting his post-accident medical leave as leave without pay despite a prior appellate order granting medical leave. The petition was disposed with a direction to the respondents to decide the matter afresh within three months after hearing him.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
225 CWP-4 2 65-2021 (O&M) Date of decision: 17.12.2024
Ram Niwas
..Petitioner
Versus
State of Hary a na and others
..Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: M r. Sumit Sangwan, Advocate for the petitioner. M r. Dushyant Saharan, AAG, Ha r yana.
AMAN CHAUDHARY, J. (Oral)
“ S hri Ram Niwas Driver No.13 o f Haryana State Transport, Nar n aul filed this appeal against below m entioned orders passed by Gen e ral m anager, Haryana State Transpo r t, Narnaul vide which without p ay l e ave granted to the appellant b y the below mentioned orders a nd p e riod:-
| Sr. No. | Order No./Date | Leave without pay |
|---|---|---|
| 1. | 1727/27.05.2005 | 09.03.2005 to 25.05.2005 |
| 2. | 1864/06.06.2005 | 26.05.2005 to 26.06.2005 |
| 3. | 4016/07.10.2005 | 27.06.2005 to 30.08.2005 |
| 4. | 2/02.01.2006 | 01.09.2005 to 06.12.2005 |
The below mentioned signator y heard the appellant personall y on 11.10.2010. During the personal hearing the appellant told tha t he w as going from Bhiwani to Jaipu r highway then suddenly steerin g
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of the bus failed and due to this on 28.10.2003 a severe accident occurred. On account of that from 18.10.2003 to 06.12.2005 he could not resume his duties and took his treatment from Government Hospital Jaipur. Vide separate order dates 29.07.2004 to 08.03.2005 earned leave and half pay leave sanctioned. Lastly, appellant submitted that the aforesaid orders may kindly be modified and instead of without pay leave medical leave without pay granted to him.
After perusal of the file I found that General Manager accepted that appellant could not resume his duties on account of serious injuries sustained by him in the accident and he took his treatment from Government hospital, Jaipur. Appellant has no leave of any kind in his account, so due to this the aforesaid period is counted as without leave. From the comment of the General Manager it is clear that in the aforesaid period the appellant could not resume the duties on account of accident. So, in view of the facts submitted by the appellant I granted him leaves on medical basis without of the aforesaid duration.”
“10. It follows that no discrimination can be made. When the petitioner No. 1 had exhausted his five years' extra ordinary leave, the respondent No. 5-School should have asked him to join the service and allow him light duty, which was not done. Infact, the further leave was not granted and the petitioner No. 1 was kept in limbo. The respondent No. 5-School kept seeking guidance from the District Primary Education Officer, Kurukshetra, (respondent No. 4) who further kept seeking guidance of his higher officers. For the time consumed in this correspondence, the petitioner No. 1 cannot be allowed to suffer. Therefore, it is hereby ordered that the period from 21.10.1996 till 5.1.2003 shall be treated as extra ordinary leave (without pay) since the petitioner No. 1 did not work during the period nor sought to join duty. However, the entire period during which the petitioner No. 1 remained on medical leave, earned leave and extra ordinary leave shall be counted towards qualifying period of service for grant of retiral benefits. In this way, from 27.7.1970 till 5.1.2003, the petitioner No. 1 is deemed to have completed more than 32 years of service and, therefore, he qualifies for pension. The resignation of the petitioner No. 1 has already been disbelieved and found to be false one. Once, the petitioner No. 1 sought the voluntary retirement, there was no occasion for him to subsequently submit resignation.
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( AMAN CHAUDHARY ) 17.12.2024 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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1 issue framed by the court
Whether the order dated 13.08.2020 counting the petitioner's medical leave period as without pay, passed without notice or hearing, should be quashed and the matter reconsidered.
Colour shows how this judgement treated each authority
Shyam Lal Verma and another vs. State of Haryana and othersReferred
2016(4) SCT 816
Ram Niwas
State of Haryana
Aman Chaudhary
As recorded by the court registry
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