BANSI LAL SHARMA Vs. STATE

JUDGEMENT

(1.) PETITIONER was appointed as a Junior Assistant by the Dy. Registrar, Cooperative Societies, Supvn. Jammu. While, the petitioner was in service he applied for leave on medical ground with effect from 4.4.1972, after putting 08 years of service in the Department. His leave application was, however, neither accepted nor rejected by the Assistant Registrar Cooperative Societies Reasi, respondent -6. After availing the medical leave, the petitioner submitted his joining report to the Assistant Registrar Cooperative Societies Reasi, respondent -6 on 28.7.1976, i.e., after the absence of four years and three months but he was not allowed to join. The petitioner, however, again fell ill and, accordingly, he proceeded on leave on medical ground. This leave was also, however, not sanctioned by the competent authority. The petitioner, however, reported for duty and submitted his joining report to the Dy. Registrar, Cooperative Societies, Udhampur on 28.7.1976 after availing the leave applied for by him which was not sanctioned by the competent authority. The petitioner was not allowed to join his duty and, in fact, he was forced to remain absent from duty till 1990 when his case was examined by the then Registrar, Co -operative Societies J&K Govt. Jammu for settlement of period of absence. The petitioner further stated that the Registrar Cooperative Societies J&K Govt. Jammu, respondent -3, vide his order dated 1.8.1990 decided the leave case of the petitioner on merits and directed the Dy. Registrar, Cooperative Societies Udhampur, respondent -5 to immediately allow the petitioner to resume the duty against the available post. The petitioner, however, retired on superannuation on 30.6.2001. Pension case of the petitioner was recommended and alongwith it original service book was also sent to the Accountant General, J&K State, Jammu, respondent -2 to authorize the payment of pension by the Assistant Registrar Cooperative Societies, Reasi, respondent -6 but the same has been denied without any justification by the Accountant General, respondent -2 on the ground that the petitioner had remained on continuous absence from duty exceeding five years (from April, 1972 to 1990) and his case is being squarely covered under Article 113 of the J&K CSR Vol. I which contemplates that after the continuous absence from duty beyond five years, the employee would be deemed to be out of service.

(2.) IN repelling the contention of the petitioner, respondents -1, 3 to 6 in their detailed reply have submitted that the absence of the petitioner from duty with effect from 4.4.1972 to 28.7.1976 was without any sanction of leave. The petitioner again absented himself and reported for duty on 28.7.1976 but he was not allowed to join. Further stand of the respondents is that the petitioner remained absent from duty for about 18 years when his leave case was decided by the then Registrar, Cooperative Societies, J&K Govt. Jammu, respondent -3 vide his order dated 1.8.1990. Pension case of the petitioner recommended by respondent -6 has been rejected by the Accountant General, respondent -2 by applying the provision of Article 113 of the CSR Vol.1, whereby maximum continuous leave admissible without pay or with pay is about five years and thereafter, an employee is considered to be out of State employment.

(3.) WHEREAS Accountant General, respondent -2 in its reply has submitted that though the period of absence effective from 4.4.1972 to 2.8.1990 in respect of the petitioner has been regularized as leave of whatever kind due and remaining as leave without pay vide his order dated 1.8.1990, but necessary entries with regard to the leave sanction and leave without pay and period dies non duly approved/ sanctioned has not been made in the service book of the petitioner with specified period. The case of the petitioner was, therefore, returned to the respondents seeking clarification in terms of Article 163 and Article 113 of J&K CSR Volume -1 with regard to the period of leave sanction in favour of the petitioner.