MD. NAZRUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The subject matter of the instant writ petition as filed under Sec. 226/227 of the Constitution of India is the order dtd. 29/8/2023 as passed in OA 350/ 01223/ 2022 by the Central Administrative Tribunal, Kolkata Bench, Kolkata (hereinafter referred to as the 'said Tribunal' in short). By the impugned order the said Tribunal declined to entertain the prayers of the original applicant/ writ petitioner herein for regularizing the medical treatment period from 14/1/2020 to 18/4/2022 as on duty and for releasing of service benefits for the aforesaid period by the respondent authorities.

(2.) At the time of hearing, Mr. Ray, learned Advocate appearing on behalf of the original applicant/ writ petitioner at the very outset draws attention of this Court to the copy of the representation dtd. 17/5/2022 as submitted by the original applicant/ writ petitioner with the respondent no. 4 authority requesting the said authority to treat his sick period from 14/1/2020 to 18/4/2022 as on duty with a further request to disburse payment for the aforementioned period as payable to him. It is submitted that by a communication dtd. 27/5/2022 the respondent no. 5 authority declined to concede with the request as made by the writ petitioner in absence of any rules for regularization of sick period (RMC) as on duty.

(3.) It is submitted by Mr. Ray that from the materials as placed before this Court it would reveal that on 14/1/2020 the writ petitioner was admitted at B. R. Singh Hospital, Kolkata for an eye operation and he continued to be in the sick leave from 14/1/2020 to 18/4/2022 and was discharged from the sick leave on 19/4/2022 with a recommendation of the medical board to absorb in a category where visual activities are not required and accordingly, he was posted as 'Office Superintendent' under C&W/MLDT.