GOPICHAND MEENA JR CLERK Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) WE have heard Mr. S. D. Suthar, learned counsel holding brief of Mr. N. K. Majmudar for the petitioner and Mr. Siraj Gori, learned counsel appearing for the respondents.

(2.) THE petitioner was appointed as Constable on 12.04.1996. He was found medically unfit and de-categorized on 05.05.1999 for the post of Constable but he was declared fit for B-1 and below post. On the request of the petitioner, he was granted 180 days extra ordinary leave from 05.05.1999 to 11.10.1999 and his request for providing alternative job was accepted by the respondents and he was appointed as Peon in the office of DSC / RPF, Ajmer w.e.f. 12.10.1999. THE petitioner has claimed the salary of the period during which he was on extra ordinary leave on the ground that he did not apply for such leave and his other contention is that the period during which the petitioner was on extra ordinary leave be counted towards his service for pensionary benefits etc.

(3.) IN the result, this petition succeeds and is partly allowed. The impugned order dated 25.06.2001 passed by the Commanding Officer (Annexure F to the petition) is set aside so far as it refuses relief to the petitioner for counting his extra ordinary leave period from 05.05.1999 to 11.10.1999 for pensionary benefits. Hence, the extra ordinary leave period from 05.05.1999 to 11.10.1999 shall be counted in the service of the petitioner for his pensionary benefits. Rule is made absolute to the above extent. The parties shall bear their own costs.