JAHAN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By consent of the parties, this writ application has been taken up for final hearing. The writ petitioner was initially appointed as a Light Motor Vehicle Driver sometimes in the year 1988 by the Assistant Director of the Administration. The service of the petitioner was later confirmed and he was also granted 3rdfinancial up-gradation vide order dtd. 18/6/2018.

(2.) The petitioner was on medical leave for the period from 16/6/2020 to 5/7/2020. Records would reveal that the aforesaid leave was regularised by the respondents vide order dtd. 14/7/2020.

(3.) It is the petitioner's case that since, his daughter was getting engaged he had applied for leave for a period of twenty days. Unfortunately, the authorities had only granted him five days leave. The petitioner, however, did not avail such leave, on the contrary had submitted a representation on 23/7/2020 intimating that he wished to avail the leave for five days from 27/7/2020 instead of 20/7/2020. It is the petitioner's case that by reasons of the pandemic the engagement of the petitioner's daughter could not take place. The petitioner, however, had submitted an application on 27/7/2020 seeking forty five days leave on account of higher studies of his daughter. In the interregnum since, the petitioner was unwell from 31/7/2020, he had approached a doctor, who was the Medical Superintendent of G.B.Pant. Hospital, Port Blair, who had advised him rest for fifteen days.