P. VENKATA RAO Vs. DISTRICT JUDGE AND ANR.

JUDGEMENT

(1.) PETITIONER was appointed as a Typist in the Copying Department of the District Court of Koraput at Jeypore with effect from 24th of June, 1967, and came to be posted in the Court of the Additional District Magistrate (Judicial). He claims to have put in satisfactory service. In October, 1972, Petitioner suffered from chest pain, cold and cough and was obliged to ask for earned leave of thirty days with effect from 31 -10 -1972. He supported his application for leave by enclosing a medical certificate from the authorised medical attendant. The Additional District Magistrate (Judicial) intimated the Petitioner on 31 -10 -1972, that his prayer for leave was not being recommended and he should join duty forthwith. On 2 -11 -1972, Petitioner made a representation indicating that he got the attack severe chest pain, fever and other ailments and pressed for sanction of medical leave. Thereupon, Petitioner was intimated on 2 -11 -1972:

(2.) IN a counter affidavit filed by the opposite parties, the action taken in the case has been justified.

(3.) AFTER the appeal had been disposed of, steps were taken to review the order. Learned Government Advocate contends that the order of review was in exercise of powers vested in Rule 32 of the Orissa Civil Services (Classification, Control & Appeal) Rules, 1962. That rule provides: