MANGAL SINGH Vs. THE STATE OF PUNJAB ETC.

JUDGEMENT

(1.) THE Petitioner was working as Executive Engineer, Beas Project, on November 1, 1966 - -the appointed day on which the reorganisation of the erstwhile State of Punjab took place. He belonged to Punjab Service of Engineers Class I and was an employee of the composite State of Punjab as it existed prior to November 1, 1966. From that date, he was provisionally allocated to the State of Punjab, - -vide Secretary to Government, Punjab's letter No. 13767/E/SPL. dated October 30, 1966. He was finally allocated to the State of Punjab with effect from November 1, 1966, - -vide Chief Engineer, Irrigation Works, Punjab's letter No. 11157 -12157/ E, dated September 4, 1968. Copies of these letters are Annexures 'A' and 'B' to the writ petition.

(2.) ON February 16, 1967, the Petitioner applied for earned leave from April 2, 1967, to April 30, 1967, for domestic reasons. That leave was sanctioned by the Chief Engineer (Drainage), Irrigation Works, Punjab Government, by an order, dated April 15, 1967. In this order it was certified that "after expiry of leave the officer is likely to return to the post and station carrying the same rate of pay and allowance." The Petitioner was, however, relieved with effect from the afternoon of June 16, 1967, when he handed over charge to Shri Rattan Singh, Executive Engineer, who was to hold that charge in addition to his own duty. The earned leave sanctioned for the Petitioner was of 27 days and on July 13, 1967, he submitted a revised application on the prescribed form for 90 days' earned leave with effect from June 17, 1967, to September 14, 1967. This application was addressed to the Chief Engineer (Drainage), Irrigation Works, Chandigarh, but was sent through the proper channel, that is, the Chief Engineer, Beas Sutlej Link Administration. This application was not forwarded to the Chief Engineer (Drainage), Irrigation Works, but was dealt with in the Beas Sutlej Link Circle No. 1, wherein the Petitioner had been working before proceeding on leave. He was informed by a telegram sent by the Superintending Engineer of that Circle on August 11, 1967, that extension of leave beyond 16th August, 1967, was refused and the Petitioner was directed to join at once otherwise he was to be treated absent without leave. Copy of that telegram was endorsed to the Chief Engineer (Drainage) Irrigation Works, Punjab, with a request not to entertain any leave application from the Petitioner. The Petitioner, however, did not report for duty on or after August 16, 1967. Instead on September 14, 1967, he sent another application for earned leave of 120 days with effect from June 17, 1967 to October 14, 1967, with permission to stuff fix October 15, 1967, being Sunday. This application was addressed to the Chief Engineer, Irrigation Works, Chandigarh, but was sent through proper channel. Another application for leave was submitted by the Petitioner on October 15, 1967, to the Chief Engineer, Irrigation Works, Chandigarh, through proper channel, asking for leave on average pay for 63 days from October 15, 1967 to December 16, 1967. The Petitioner was informed by the Chief Engineer, Beas Sutlej Link Project, Sundrenagar, by letter, dated November 21, 1967 that a Government servant returning from leave is not entitled, in the absence of specific orders to that effect, to resume, as a matter of course, the post which he held before going on leave. As such, you should apply for leave to the Chief Engineer of your State". On November 29, 1967, the previous earned leave application submitted by the Petitioner were returned to him with the following remarks:

(3.) IN order to decide this matter, it is necessary to refer to Section 80 of the Punjab Reorganisation Act, 1966, which reads as under: