JALLI VENKATESU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for the following relief:

(2.) The grievance of the petitioner is that he was selected in Group IV examination conducted by APPSC and was posted as Junior Assistant. While he was working as J.A at RDO, Kovvur, he met with an accident, in which, he was admitted in Kamineni Hospital, Vijayawada and an orthopedic surgery called as ACL (Anterior Cruciate Ligament) was conducted to his right knee on 7/4/2016. After discharging from the hospital, the petitioner joined his duties. In due course, the petitioner was promoted as Senior Assistant. He was transferred and posted as Senior Assistant in the Office of the Collectorate at Eluru and joined duty on 14/7/2019 and he was allotted D- Sec. . It is further stated that, due to unbearable pain in his right knee, he has consulted doctor on 19/8/2019, who conducted surgery, and that, the doctor advised to go for physiotherapy and to take complete bed rest or otherwise the pain would remain in the entire life time. As such, the petitioner has requested the Sec. Superintendent to sanction leave for four weeks. But no leave was sanctioned to the petitioner.

(3.) The counter affidavit has been filed by the 3rdrespondent. While denying the allegations made in the petition, inter alia, contended that, a special drive has been conducted to review the cases related to the employees, who were under suspension and decided to reinstate the employees into the duties and also to conclude the cases which are having possibilities. During the drive itself both these cases were examined and it is noticed that Sri M. Anil Kumar has applied the casual leave for two days i.e., for 20th & 21/8/2019 as he was suffering from viral fever and considering it, he had been sanctioned one day casual leave, i.e., on 20/8/2019 and the individual has attended his regular duties on 21/9/2019, 22/9/2019 and afterwards not attended to duty. Sri M. Anil Kumar in his explanation stated that he was admitted in hospital on 22/8/2019 evening itself and informed that he tried to bring his situation to the notice of District Administration through his brother and hence taken the aspect in correlation with the medical genuineness reports, awarded minor punishment of "Censure". But the petitioner herein, Sri J. Venkatesu with a preplan and willfully ascertained the medical certificate from the hospital on 19/8/2019 itself as usual he practiced to do every time earlier, which clearly shows that he has opinion to get the posting at his wanting place by showing this as a cause. Though, considering his plea under humanitarian grounds awarded minor punishment withholding of two annual grade increments without cumulative effect. It is to stated that the Special Deputy Collector (LA), PIPRMC, Unit-1, Kovvuru has sent the Service Register of the individual to this office on 4/2/2021. It is also stated that, the petitioner herein has violated Rule 3 of A.P.C.S.(Conduct) Rules, 1964, hence he has been punished by awarding minor punishment, i.e., withholding of two annual grade increments without cumulative effect in exercise of powers conferred under Rule 9 (iv) of A.P.C.S.(C.C.&A) Rules 1991. Therefore, there are no grounds in the present writ petition and prayed to dismiss the same.