Court No. - 58
Case :- WRIT - A No. - 10407 of 2018 Petitioner :- Praveen Kumar Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
It appears that petitioner had not worked and was on leave from July, 2008 to December, 2009. Two annual increments, which were due and payable in July, 2008 and July, 2009 were not paid to the petitioner. It further appears that this period of one and a half year is treated as a break in service and the respondents are not granting benefit of continuity of service. In respect of such grievance, petitioner has represented before the authorities, but no decision has been taken.
Learned counsel representing respondent no.4 submits that as the petitioner has not worked during the period for which he is seeking benefit of annual increment, the benefit is not due and payable.
Learned counsel for the petitioner, in reply, submits that the actual benefit may not be extended but the petitioner is entitled to notional benefit after he resumed work in respect of two increments.
In the facts and circumstances, this Court finds that since the issue is yet to be examined by the authority concerned, therefore, this Court is not required to make any observation on the petitioner's claim on merits. However, merely going on leave would not mean that there is a break in service, and therefore, respondents would be required to extend benefit treating such period of absence as on leave, and not break in service. Representation in that regard would be considered by respondent no.4 and a specific order would be passed within a period of three months from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 24.4.2018 Ashok Kr.