BHAGWAN GUPTA Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) This order shall govern disposal of W.P. No. 4840/2013 and W.P. No. 5932/13 as common and identical question is involved in both the cases, For the facility of disposal of both the petitions, the facts in W.P. No. 5932/13 have been dealt with.

(2.) By this petition under Article 226 of the Constitution of India, challenge is made to order dated 17/04/2013 (Annexure P/15) passed by respondent No. 1/Jiwaji University, Gwalior.

(3.) The Facts in a nutshell necessary for disposal of this petition are that the petitioner submitted that on his application for sanction of the earned leave with effect from 24/03/2003 to 22/07/2003 though sanctioned the earned leave from a later date, i.e., with effect from 01/04/2013 to 22/07/2003 vide order dated 27/03/2003 (Annexure P/1) but, on account of administrative exigency and heavy work in the office of Cash and Accounts Section of the establishment of respondent No. 1, the petitioner was not relieved to avail the sanctioned leave, therefore, he had no option than to work during the aforesaid period. The respondents have passed an order to that effect on 25/03/2003 (Annexure P/2). Therefore, in fact and in effect, the petitioner was unable to avail the sanctioned earned leave with effect from 24/03/2003 to 22/07/2003.