RAM PHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a dismissed conductor of Delhi Transport Corporation, seeks quashing of his dismissal order contained in letters dated 20th september, 1985, 20th May, 1986 and 3rd March, 1987 and he seeks a declaration that Regulation 14 of DRTA (Conditions of Appointment and service) Regulation, 1952 is ultra vires, void and violative of Articles 14,16, 19 and 21 of the Constitution of India. The petitioner has also claimed that he is deemed to be in continuous employment and, therefore, he is entitled for reinstatement with all consequential benefits including back wages and continuation in service.

(2.) THE brief facts to comprehend the controversies are that the petitioner was appointed as a Conductor with respondent No. 2 on 24th april, 1982 and he was given Badge No. 13652. During his service with the respondent No. 2, petitioner fell sick and he was absent from 19th May, 1985 to 5th June, 1985. He alleged that he had submitted a leave application to the respondent No. 2. The petitioner also contended that he was diagnosed suffering from Tuberculosis. The petitioner was undergoing treatment at dr. Ram Manohar Lohia Hospital.

(3.) A notice dated 26th August, 1985 was given to the petitioner on account of his absence from duties with effect from 19th May, 1985 and because the leave application submitted by him was without any medical certificate for the period 19th May, 1985 to 5th June, 1985. It was stated in the notice that he had not been reporting for the duty at Depot and he had also not submitted any application after 6th June, 1985. The notice also stipulated that on 18th May, 1985 only 14 days leave was due to him which could only be regularized on submission of medical certificate. He was also intimated that on his failure to produce requisite medical certificate, the period of his leave from 19th May, 1985 could only be regularized as extraordinary leave without pay. Reliance was placed on Para 14 (10) (b) of drta (Conditions of Appointment and Service) Regulation, 1952 and it was contended that extraordinary leave without pay beyond three months and up to 18 months could be granted, in case of employee suffering from pulmonary Tuberculosis or Tuberculosis of any other part of the body. The notice categorically stipulated that in case petitioner failed to submit the requisite medical certificate in reply to the notice the period of leave/absence beyond three months will not be regularized and he will be deemed to have resigned from his appointment with effect from 19th August, 1985 under regulation 14 (10) (b) of DRTA (Conditions of Appointment and Service)Regulation, 1952 without any further reference and intimation to him.