AHMAD WALI Vs. DISTRICT JUDGE, LUCKNOW

JUDGEMENT

(1.) This writ petition is directed against refusal to grant medical leave applied for by the petitioner with effect from 31-3-1982 to 19-12-1982. The petitioner has further prayed for quashing of the order dated 7-1-1983 (Annexure - 20) of the sanctioning authority which is to the effect that the period of his absence from duty was to constitute a break in his service and he was not to be paid salary for that period. The relief for quashing order of posting of the petitioner on the post of Cashier has subsequently been given up by the petitioner.

(2.) The petitioner is a Class III employee in the office of the District Judge, Lucknow. He was posted as Reader in the Court of Special Judicial Magistrate, Lucknow. That Court was abolished with effect from 1-4-1982. Subsequently the order of posting of the petitioner as Cashier was passed. The petitioner did not take charge of the post of cashier and applied for medical leave on medical certificate with effect from 31-3-1982. The first application for medical leave was moved for 31-3-1982 to 11-5-1982. He went on moving applications for medical leave from time to time by seeking extension of the medical leave upto 2-1-1983. In support of each application for medical leave he used to furnish a certificate from a private registered medical attendant who had mentioned in the certificate that he was suffering from amoebic colitis. Under order, dated 7-1-1983 of the District Judge, Lucknow, who was the sanctioning authority, the petitioner on his request was allowed earned leave instead of medical leave for the period from 20-12-1982 to 2-1-1983.

(3.) On receipt of the petitioners first application dated 1-4-1982 for medical leave upto 11-5-1982 the sanctioning authority required a second medical opinion from the Chief Medical Officer, Lucknow about the illness alleged. The petitioner represented his inability to go to the Chief Medical Officer and insisted that he should be examined by the Government doctor at his residence. Accordingly the Chief Medical Officer medically examined him at his residence on 29-7-1982 and reported that apparently the petitioner was not found suffering from any disease and was quite healthy but even that he could be examined by the Senior Physician of the Balrampur Hospital, Lucknow. Thereupon the sanctioning authority by its letter dated 3-8-1982 (Annexure - 16) advised the petitioner that he could get himself admitted at the Balrampur Hospital if he insisted that he was ill. The petitioner did not do it. The applications of the petitioner for medical leave were rejected in the absence of medical certificate from the authorised medical attendant. In its order dated 7-1-1983 the sanctioning authority has clearly mentioned that he was "not satisfied of the medical grounds stated by him for medical leave."