Gujarat High Court
Sandhya vs State on 2 August, 2011
Author: H.K.Rathod
Bench: H.K.Rathod
Gujarat High Court Case Information System
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SCA/9863/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9863 of 2011
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SANDHYA
DINKARRAI JHALA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
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Appearance
:
MR
BIREN A VAISHNAV for
Petitioner(s) : 1,
MR MAULIK NANAVATI AGP for Respondent(s) : 1
-3, 5
None for Respondent(s) :
4
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 02/08/2011
ORAL
ORDER
1. Heard learned advocate Mr.B.A.Vaishnav for petitioner and learned AGP Mr.Maulik Nanavati for respondent Nos.1 to 3 and 5.
2. The grievance of present petitioner as per Prayer 9(F) to set aside communication dated 22.2.2011 of respondent No.2 - Commissioner of Mid-day Meals whereby request of petitioner for disability leave for the period from 3.3.2009 to 1.5.2009 and 9.6.2009 to 29.8.2009 has been rejected. The aforesaid order passed by respondent No.2 and come to conclusion that aforesaid period as per Service Rules not required to be sanctioned as a special disability leave or extraordinary leave.
3. It is necessary to note that earlier same petitioner - Sandhya D. Jhala has filed a writ petition being SCA No.16311 of 2010 wherein this Court has passed following order on 29.12.2010 :
"1. This petition under Article 226 of the Constitution of India has been filed, with the following prayers :
"(A) Allow this petitioner (B) Set aside the communication dated 7/5/2010 of the Respondent No.3, District Education Officer, Junagadh whereby the request of the Petitioner for disability leave for the period from 3.3.2009 to 1.5.2009 has been rejected.
(C) Declare that the petitioner is entitled to special disability leave for the period 3.3.2009 to 1.5.2009 and from 9.6.2009 to 29.8.2009 under Rule 73 of Gujarat Civil Services (Leave) Rules, 2002 in the interest of justice.
(D) Direct the respondents to decide and reconsider the case of the petitioner for grant of special disability leave for the period 3.3.2009 to 1.5.2009 and from 9.6.2009 to 29.8.2009 under Rule 73 of Gujarat Civil Services (Leave) Rules, 2002, immediately or within such time as may be deemed appropriate by this Hon'ble Court, in the interest of justice.
(E) Pending admission hearing and till final disposal of the present petition, Your Lordships may be pleased to direct the respondents to release the salary payable to the petitioner for the period June 2009 to August, 2009, along with increment due to the petitioner, in the interest of justice.
(F) Your Lordships may be pleased to pass such other and/or further orders as may be deemed fit, just and proper in the interest of justice."
2. At the very outset, Mr.Biren A. Vaishnav, learned counsel for the petitioner states that the interest of justice would be met, if respondent No.2 is directed to consider the case of the petitioner regarding entitlement of special disability leave, in accordance with law, within a stipulated period of time.
3. Upon the above statement being made by the learned counsel for the petitioner, the following order is passed :
Respondent No.2 is directed to consider and decide the case of the petitioner for grant of special disability leave for the period between 3.3.2009 to 1.5.2009 and from 9.6.2009 to 29.8.2009 under the relevant Rules, as expeditiously as possible, and preferably within a period of two months from the date of receipt of a copy of this order.
The petition is disposed of, in the above terms."
3.1 The aforesaid order (Page-23A) dated 22.2.2011 passed by respondent No.2 in pursuant to order passed by this Court.
4. In light of these facts, let petitioner may make detailed representation to respondents against the order dated 22.2.2011 and point out the relevant provisions of Service Rules for which petitioner is entitled special disability leave or extraordinary leave because of accident occurred during the course of employment. Let these facts may be re-examined by respondent No.1 on the basis of records available from authorities below. Let such representation be made by petitioner to respondent No.1 within a period of one month from date of receiving copy of present order.
5. As and when respondent No.1 received such representation from petitioner, let this factual aspect may be clarified on the basis of records whether alleged accident has occurred while reporting or attending NSS Camp held at Mota Kajaliyala on 3.3.2009. Let respondent No.1 may also consider the letter of Head Master, Government Girls High School, Junagadh that petitioner was orally informed to report or attend NSS Camp and on that basis, he was going to attend that place and meanwhile, accident has occurred. Let this aspect may be verified and decided in accordance with the Service Rules and then, to pass appropriate reasoned order, within a period of 3 months from date of receiving such representation from petitioner and communicate it immediately to petitioner.
6. In view of aforesaid observations and directions, present petition is disposed of without expressing any opinion on merits. Direct service is permitted.
7. However, in case if ultimate decision is adverse to petitioner, it is open for petitioner to challenge the same before appropriate forum in accordance with law.
[ H.K.RATHOD, J. ] (vipul) Top