VIR BHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgments and decrees of both the Courts below, whereby his suit (for declaration with consequential relief of mandatory injunction to the effect that he was entitled to salary for the period with effect from 3.02.2003 to 5.02.2003, 2.07.2003 to 3.07.2003 and 11.03.2004 to 12.03.2004 alongwith interest and further declaring the order dated 3.11.2004 as illegal, whereby his absence period was ordered to be treated as extraordinary leave, with relief of mandatory injunction directing the defendant No. 1 to release his salary for the aforesaid period) has been dismissed. It could not be disputed before this Court that plaintiff had remained absent on the aforesaid periods for which he is claiming release of salary. It is further not in dispute that once the aforesaid period of absence has been declared as extraordinary leave, he is not entitled to any salary for the said period under the service regulations.

(2.) FURTHER , counsel for the appellant has submitted before this Court that appellant was entitled to a show cause notice before ordering the recovery of the said amount from his salary of the later months and thus has submitted before this Court that following substantial question of law arises, in this appeal: -

(3.) IN view of the aforesaid admitted facts and the findings recorded by the Courts below, this Court is of the view that no such question arises in this appeal as admittedly appellant is not entitled to the salary claimed.