Binu Kumar v. The Government of India
Case brief
What is this about?
The writ petition regarding earned leave inaction was closed after the court noted the petitioner's employment had been terminated due to being declared physically unfit following the initial application.
What did the court decide?
The writ petition stands closed.
What the court decided
A compact analysis
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 CHALLA KODANDA RAM WRIT PETITION No. 25257 OF 2008
O R D E R :
This Writ Petition has been filed complaining inaction on the part of the 4th respondent in considering the Application made by the petitioner on 25.08.2008 seeking earned leave for 30 days on humanitarian grounds.
On 25.11.2008, this Court directed the respondents to take a decision as to whether the petitioner is entitled for grant of leave or not. On 04.12.2008, when the matter was taken up, learned Standing Counsel for the respondents had submitted that the Application of the petitioner for grant of earned leave was rejected by order dated 03.12.2008. As the said order emerged after institution of the Writ Petition, this Court directed the respondents to file a detailed counter-affidavit.
The 4th respondent had filed the counter-affidavit stating that by order dated 03.12.2008, the leave Application of the petitioner was rejected and subsequently, on 04.12.2008, his services were also terminated in accordance with Rule 6 of the Central Civil Services (Temporary Service) Rules, 1965 on his being declared ‘physically unfit’ for continuance in service as a combatant member of the Force.
In those circumstances, leaving it open to the petitioner to work out the remedies, if any in accordance with law, the Writ Petition stands closed. No costs.
2
Consequently, the miscellaneous applications, if any shall
Parties & counsel
- petitioner
PETITIONER
- respondent
4TH RESPONDENT
Coram
CHALLA KODANDA RAM
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · November
- Registered
- Case no.
- WP/25257/2008
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