Court No. - 39
Case :- WRIT - A No. - 21000 of 2019 Petitioner :- Ram Niwas Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Umesh Chandra Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon respondents to consider the petitioner's application dated 3.10.2019, contained in Annexure-8 to the writ petition. A perusal of the application would go to show that petitioner has not been paid salary between the period 1.11.2014 to 31.7.2015, as he was allegedly ill and could not work.
It appears that petitioner was not well between the period 1.11.2014 to 31.7.2015 and he had actually not worked during this period. A medical certificate of Doctor has been annexed alongwith the writ petition. There is, however, nothing on record to show that petitioner has moved any application before the competent authority for sanctioning medical leave between the period 1.11.2014 to 31.7.2015. In absence of any appropriate application moved before the competent authority for sanction of medical leave during this period, the grievance of petitioner with regard to denial of salary is not liable to be entertained.
In the facts and circumstances, it is however provided that in case petitioner makes an appropriate application before the second respondent, annexing the medical certificates available with him, and makes a prayer for sanction of medical leave between the period 1.11.2014 to 31.7.2015, such application would be considered by the competent authority, in accordance with law. All consequential action would be taken, accordingly.
Subject to the observations aforesaid, this writ petition is consigned to records.
Order Date :- 19.12.2019 Anil