C G GOVINDAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India raises interesting question of interpretation of Resolution issued by the Finance Department Govt. of Gujarat dated 25/07/1980. Is an employee entitled to commuted leave in case of sickness of any member of his/her family who is though not economically socially or otherwise dependent on such employee? The petitioner who was serving as Personal Assistant (Steno. Gr. I.) in the City Civil Court at Ahmedabad applied for commuted leave for six days since his real sister was admitted to Sheth V. S. Hospital with effect from 10-9-80 to 16-9-80. The application was made on 25-9-80. His unmarried sister was staying with him and since she was suddenly taken ill she had to be hospitalised and the petitioner being only the male member in the family was required to attend to her in the hospital for six days.

(2.) The application of the petitioner for commuted leave came to be rejected vide order dated 20/11/1980 by the principal Judge of the City Civil Court inter alia on the ground that the petitioner was not entitled to commuted leave on the ground of sickness of his real sister as she was an earning member. It is admitted position the sister of the petitioner was serving in a private institution and her salary was around Rs. 1 0 p.m.

(3.) The provisions for grant of leave are to be found in the Revised Leave Rules 1935 They were framed in exercise of powers exercised under Civil Services (Classification Control and Appeal) Rules and after coming into force of the Constitution of India the same are treated as Rules framed under Article 309 of the Constitution of India. It may be noted that these revised leave rules are now incorporated in Bombay Civil Services Rules. The word Commuted Leave is defined by Rule 4(vi) to mean leave taken under Sub-rule (c) of Rule 10. The word leave includes Earned Leave Halfpay Leave commuted leave and leave not due and extraordinary leave. Rule 10(c) deals with commuted leave and it provides that com- muted leave not exceeding half the amount of half-pay leave due may be granted on medical certificate only to a Govt. servant in permanent employment subject to following conditions: