KAMLESH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The husband of the petitioner was an employee of respondent No. 2- Bharat Heavy Electricals Limited (for short the "BHEL"). He died at a young age. Smt. Kamlesh Sharma, his widow, who is petitioner in this petition, applied for a suitable appointment in BHEL on compassionate grounds and on 5th November 1975 was appointed as a Record Clerk on daily rated basis. With effect from 13th October 1976 she was appointed as Assistant Grade I in the scale of Rs. 475-12-530-15-751 plus other usual allowances as admissible from time to time and was kept on probation for a period of one year. The petitioner satisfactorily completed her period of probation on 12th October 1977 and was regularised as Assistant Grade I with effect from 13th October 1977. The petitioner claims that in the month of April 1982 she has been attending office regularly but was not allowed to mark her attendance in Attendance Register by Sh. N. D. Kaira, Senior Manager of BHEL who is respondent No. 5 in the writ petition. From the salary of the petitioner for the month of April 1982 a sum of Rs. 110.00 was deducted. The petitioner protested by writing a letter dated 27th April 1982 to the General Manager stating that she has not been allowed to sign the Attendance Register with effect from 4th April, 1982 and requested for payment ofRs. 110.00 deducted from her salary. Mr. Kalra by letter dated 11th May 1982 informed the petitioner that her assertion that she has not been allowed to sign the Attendance Register with effect from 4th April 1982 is untrue and further stated that as she did not attend the office on 8th, 12th, and 13th April 1982 and also failed to apply for leave so that absence could be regularised, proportionate deduction of wages has to be made. It was further stated in this letter that in case her absence on 8th, 12th and 13th April 1982 is not regularised, proportionate deduction of wages shall have to be made for 9th, 10th and 11th April 1982, also, being holidays.

(2.) There was also a dispute about the absence of the petitioner from office on 19th January 1982. The petitioner was claiming to be present on the said date while the stand of Mr. Kalra was that she was absent from duty. In view of this dispute the General Manager (TS) by order dated 19th April 1982 had directed the Senior Manager to conduct an enquiry to find out whether Mrs. Kamlesh Sharma was present in office on 19th January 1982 and other allied matters. The Senior Manager along with his letter dated 17/18th June 1982 submitted his report. On appraisal of the record the Senior Manager came to the conlusion that it was very difficult to come to a definite conclusion whether Mrs. Kamlesh Sharma was really present or not but by giving the benefit of doubt he concluded that she was present on 19th January 1982 as her signatures were recorded in the Attendance Register and the remarks of Mr. Kalra were given only on the next day i.e. 20th January 1982. The report said that salary for 19th January 1982 may be paid to the petitioner. This report is stated to have been accepted and salary for 19th January 1982 was paid to the petitioner.

(3.) In connection with the aforesaid enquiry, the petitioner wrote a letter dated 5th July 1982 to the Executive Director of BHEL and in this letter she also stated that she was not being permitted to put her signatures in the Attendance Register with effect from 22nd April 1982.