BRAJENDRA KUMAR SINHA Vs. BCCL

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the respondent -BCCL. The petitioner's claim for special leave has been rejected by the impugned letter dated 29/30 January, 2010 and further, vide letter dated 25.02.2010 issued by the respondent No. 6, Head of Department (EE), BCCL, Dhanbad, Annexure -6 and 8 respectively. The petitioner made an application on 18.06.2009, Annexure -1 indicating severe perspiration, vertigo, breathlessness and chest pain while informing the General Manager, EJ Area that he was proceeding for Emergency treatment for which leave may be granted till recovery.

(2.) ACCORDING to the petitioner, after initial treatment, he was referred to AIIMS New Delhi for evaluation of his health condition vide Annexure -11 dated 04.07.2009 issued by the respondent -BCCL. The petitioner however got himself treated at Indraprastha Apollo Hospital. After having undergone treatment about six months, he was declared fit to join duties w.e.f. 16.12.2009 as per the certificate dated 09.12.2009 issued by the hospital enclosed as Annexure -14 series which also indicates that he was suffering from coronary artery disease with severe dysfunction and was declared fit to resume duties as aforesaid. Learned counsel for petitioner has submitted that in terms of the regulation governing the leave condition of the employees of BCCL, he was entitled for special leave. Annexure -12 has been relied upon which provides for the special leave and indicates that the disease for which special leave on full pay for a total period not exceeding six months during the entire service may be granted to the employee on production of medical certificate from authorized medical officer. The petitioner is said to have produced medical certificate on 27.03.2010 issued from Indraprastha Apollo Hospital. Perusal of the said certificate, however, indicates that he had suffered major heart attack in the year 1999, which had severely affected the pumping function of his heart. He was also advised rest from 01.07.2009 to 15.12.2009 keeping in view his critical health condition.