KAMALJEET KAUR Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioner has prayed for quashing of order dated 24.11.2004 and to declare that the petitioner is entitled to 175 days medical /commuted leave and 15 days earned leave for the period 1.3.2004 to 6.9.2004 instead of 180 days earned leave and 10 days commuted leave granted to her vide order dated 24.11.2004. Further a direction has been sought against the respondents granting cash equivalent to leave salary for balance earned leave at the credit of the petitioner on the date of her retirement.

(2.) THE brief facts of the case are that the petitioner served Medical Department under respondents from 4.6.1979 to 31.12.2004 when she retired on attaining the age of superannuation. THE petitioner at the time of retirement was holding the post of Female Health Supervisor/Lady Health Supervisor. At the time of retirement, the petitioner had 311 days earned leave, 350 days medical/half pay leave to her credit.

(3.) THE petition has been contested by respondents by filing reply. It has been stated that after her joining at Mahakal on 8.9.2004, the petitioner submitted her leave application on medical ground on 20.9.2004 accompanied by four enclosures for sanction of commuted leave w.e.f.1.3.2004 to 6.9.2004. THE claim of the petitioner was contradictory, on one hand the petitioner was on duty on 1.3.2004 and on the other hand she applied for leave w.e.f. 1.3.2004 on medical ground by showing her departure on 28.2.2004 (A.N.). On 1.3.2004 the petitioner was on duty and she had marked her attendance on 1.3.2004 in the Attendance Register of Sub Centre Ustehar (Kangra), she had also received her salary for the month of February, 2004 on 1.3.2004.