Uttaranchal High Court: Lok Pal Singh, J., disposed off a writ petition while allowing it which was filed seeking to issue a writ in the nature of mandamus directing the respondent 3 to forthwith release the salary of the petitioner for the month of July, 2017 to December, 2017 and onwards, along with the interest on the delayed payment.
The petitioner was appointed as Clerk in the respondent department and was given promotion from time to time. It was contended that due to ill health, he proceeded on medical leave with effect from 22-06-2017. Thereafter, the petitioner had submitted his application for earned leave from 15-07-2017 to 08-10-2017. The petitioner resumed his duties on 09-10-2017 in the office respondent department-respondent. Thereafter, the petitioner had appeared before the Medical Board on 16-10-2017 and submitted all the medical documents to the concerned Medical Board. The petitioner stated that respondent department had not released the salary of the petitioner for the month of July to December, 2017. The respondent 3 stated that the petitioner remained absent from duties for which he availed medical leave but the medical board with regard to the application of medical leave of the petitioner, he was directed to remain present before the Medical Board, initially he did not appear before the Medical Board but subsequently, when he appeared before the Board on 16-10-2017, it was found that the disease which is mentioned in the medical certificate, no medical tests relating to the same had been done. The petitioner however denied the averments made in the counter affidavit.
The Court perused the records and found that due to illness petitioner applied for medical leave w.e.f. 22-06-2017 to 14-07-2017 but as he could not recover from such illness and could not join his duties on 15-07-2017, he applied for earned leave for 15-07-2017 to 08-10-2017. He resumed his duties on 09-10-2017 and thereafter he submitted a representation before the District Magistrate, whereby he had requested that the medical leave taken by him be also treated as earned leave and prayed to grant him earned leave of 109 days. Such request was not accepted and the salary of the petitioner for the said period was withheld.
The Court while allowing the petition explained that “It may be time that the petitioner has acted as per his own whims and fancies and as has been alleged by the respondent authority but the fact remains that salary is a property under Article 300-A of the Constitution of India which cannot be taken away except by authority of law.”
It further directed to treat the leave taken by the petitioner July, 2017 to December, 2017 as earned leave and to pay the salary for the aforesaid period to the petitioner within a period of two months.[Harish Rautela v. State of Uttarakhand, 2020 SCC OnLine Utt 902, decided on 22-12-2020]
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