The High Court dismissed a writ petition filed by a retired employee seeking leave salary and Provident Fund for periods from 1987 to 1988. The court held that the petitioner's entitlement was barred due to unauthorized absences preceding and following the approved medical treatment.
No order as to costs. The petition was dismissed.
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.
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.17501 of 1995
ORAL ORDER:
This writ petition is filed seeking a Mandamus (i) declaring the action of the respondents in not calculating and paying the salary leave wages from February, 1987 to March, 1988 and Provident Fund on Leave Encashment Salary, is illegal and arbitrary, (ii) direct the respondents to pay the salary leave wages of petitioner from February 1987 to March 1988 and Provident Fund on leave encashment salary.
It is the case of the petitioner that he was appointed in the Respondent-Corporation in the year 1965 and after serving long time, he opted for Voluntary Retirement Scheme on 31.3.1988. In the meanwhile, from February 1987 to 31.3.1988, he was on leave due to his sickness, and the leave salary was not paid to him. The petitioner made several representations in this regard, but there was no reply, therefore, he filed the present writ petition.
A detailed counter affidavit has been filed on behalf of respondent-Corporation stating that the petitioner while working at Jagtial Depot, he absented from duty unauthorisedly on 14.2.1987 and later submitted a sick certificate from a private doctor for the period from 15.2.1987 to 13.3.1987 (27 days) and subsequently submitted a sick certificate from a Government Hospital covering the period from 14.3.1987 to 31.3.1987 (18 days) and was again absent from 1.4.1987 to 14.6.1987 unauthorisedly and produced another sick certificate from Tarnaka R.T.C. hospital for the period from 15.6.1987 to 3.10.1987 and was again unauthorisedly absent from 4.10.1987 to 13.10.1987, when he was transferred to Korutla depot. He reported for duty on 14.10.1987 and again from 17.10.1987 to 31.10.1987 he
availed due off on 1.11.1987 and was absent from 2.11.1987 to 31.3.1988, the date of his opting for voluntary retirement. The period of his treatment at R.T.C. Tarnaka Hospital from 15.6.1987 to 3.10.1987 was preceded and followed by unauthorized absence. Therefore, the period of treatment in Tarnaka hospital was also treated as leave without pay as per standing instructions and rules in force. The 13 months of his unauthorized absence was treated as without intimation and leave. Therefore, the petitioner is not entitled to any salary for the said period. As the period of treatment at Tarnaka Hospital (111 days) has also preceded and followed by unuathorised absence, he is not eligible for salary during that period i.e. from 1.4.1987 to 14.6.1987. Hence, the contention that he is eligible for leave salary of 13 months is totally denied.
In the facts and circumstances of the case, I am of the opinion that the petitioner has not made out any case for issuing a Writ of Mandamus as prayed for. The writ petition is devoid of merit and liable to be dismissed.
Accordingly, the writ petition is dismissed. No order as to costs.
_____________ C.V.RAMULU, J
Date: 10.10.2006
DA
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.17501 of 1995
10.10.2006
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.17501 of 1995
Date: 10th October, 2006
Between: P.Ramchander
.. Petitioner
And
A.P.S.R.T.C., rep.by its Zonal Manager, Karimnagar Region and another. .. Respondents
2 issues framed by the court
Whether the High Court should issue a writ of Mandamus to direct the respondent corporation to pay unpaid salary leave wages and Provident Fund for the period 1987 to 1988.
Whether unauthorized absences before and after the approved treatment period render the employee ineligible for leave salary entitlement.
P. Ramchander
A.P.S.R.T.C.
Zonal Manager, Karimnagar Region
C.V. RAMULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
