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Himachal Pradesh High Court · body

2014 DIGILAW 149 (HP)

Alpna v. State of H. P.

2014-03-04

DHARAM CHAND CHAUDHARY, SANJAY KAROL

body2014
JUDGMENT Sanjay Karol, J (oral) Petitioner has prayed for the following reliefs: “a) That the Hon’ble Court may kindly be pleased to issue the direction to regularize the absence period of 22 days from 12-04-2013 to 03-05-2013 with pay and without break in service. b) That respondents be directed to release amount of the salary for the period from 1-04-2013 to 03-05-2013 which has wrongly withheld by the respondent department.” 2. Despite opportunity afforded response not filed. We find that respondent No.3/competent authority has not taken any action in considering the petitioner’s request for regularizing her period of absence. 3. We are of the considered view that respondent No.3/competent authority ought to have considered the petitioner’s case, in accordance with law, of regularizing her period of absence of 22 days. In the instant case, regretfully no action has been taken by the competent authority despite petitioner having approached the authorities, under direction of the Court. 4. It is seen that in identical circumstances, Division Bench of this Court, vide judgment dated 11.05.2012 passed in LPA No.657 of 2011, titled as State of Himachal Pradesh & others Versus Ashutosh Kumar Bhardwaj, has directed the respondent-State to consider the request of an employee for granting leave of the credit due. The operative portion of the judgment reads as under:- “The State has come up in appeal. The issue pertains to the regularization of 92 days absence of the writ petitioner. Learned Additional Advocate General points out that he had willfully absented himself by not joining the transferred station and the Government has shown indulgence by regularizing the period as leave without pay. Learned Single Judge has, however interfered with the decision of the Government and has directed to pay the salary for the period of 92. Thus aggrieved, the appeal. 2. The direction by the learned Single Judge is to pay the salary of 92 days, which we find difficult to uphold since the petitioner was admittedly absent from duty for the said period of 92 days. How the period is to be regulated or regularized is the question? We have held in several cases if as on that date in case the writ petitioner had leave to his credit, the same should be adjusted against that leave and if not, the period will be treated as leave without pay but without break in service. How the period is to be regulated or regularized is the question? We have held in several cases if as on that date in case the writ petitioner had leave to his credit, the same should be adjusted against that leave and if not, the period will be treated as leave without pay but without break in service. We have taken this view in the background of Government’s own decision to regularize the period of leave as one without pay but without break in-service and if that be so, if there is leave available, it should be appropriately adjusted. 3. Therefore, this appeal is partly allowed vacating the direction to pay salary of 92 days but with a direction to the Government to see whether there was leave to the credit of the petitioner as on the date of passing of the impugned order and to that extent the leave shall be adjusted and rest of the period will be treated as leave without pay but without break in service. Needless to say that the eligible leave salary will also be paid.” (emphasis supplied) 5. In these facts and circumstances, we dispose of the present petition with the direction to respondent No.3/competent authority to consider and decide petitioner’s request for regularizing her period of absence of 22 days w.e.f. 12.04.2013 to 03.05.2013. Leave of kind due shall be credited to the petitioner. Also salary of the period, in question, shall also be released, in accordance with law. This, respondent No.3/competent authority, shall do within a period of three weeks on production of certified copy of this order. Pending application(s), if any also stand disposed of.