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SANJEEV NARULA, J

1. The Petitioner who is working as Constable with Central Industrial Security Force (CISF) has filed the present petition under Article 226 of the Constitution of India challenging the orders passed by the Respondents declining to regularize 317 days of leave as special disability leave.

Factual Background

2. The brief facts leading to the filing of the present petition are that the Petitioner applied for leave for going to his home at Village Khandwa on 29th November 2010. His request was acceded to and he was granted leave from 30th November, 2010 to 5th December, 2010. Accordingly, the Petitioner availing the four days sanctioned leave, left for his home on 30th November, 2010 at about 6.00 pm. Unfortunately, while crossing the service road in front of INA Market, New Delhi a motor cyclist who was driving at high speed hit him. As a result of the impact, Petitioner suffered serious injuries and fractured his leg. He was admitted at Safdarjung Hospital and was given the necessary treatment.

5. Thereafter, the Deputy Inspector General vide letter dated 17th October, 2013 sought certain clarifications from the Petitioner for regularization of his medical leave. On requisite information being provided, CISF vide letter dated 3rd April 2014, informed the Petitioner that the Court of Inquiry conducted by the GBS New Delhi has observed that ―since the injury suffered by Constable Bhagu Ram was while going on leave, hence the injury is not attributable to service.‖ Based on the finding that the accident took place while the Petitioner was on leave and not on official duty, Petitioner was held not eligible for Special Disability Leave for the sick/medical rest period of 317 days w.e.f. 30th November, 2010 to 12th October, 2011.

Submissions of the parties

8. The learned counsel for the Petitioner argued that the action of the Respondent declining to regularize his disability leave is illegal, as the Petitioner is a member of Armed Paramilitary Forces and should be treated on duty even when he proceeded on authorized leave. In support of his submission, he relied upon the decisions of the Supreme Court in Pension Sanctioning Authority, PCDA (P) Allahabad v. M.L. George, Ex , (2015) 15 SCC 399, Union of India v. Smt. Roshini Devi, 2010 SCC Online P & H 7525, Ex. Constable Avtar Singh v. Union of India 2015 SCC Online P & H 1442, Sukhwant Singh v. Union of India through the Secretary, Ministry of Defence, (2012) 12 SCC 228 and of this Court in Mr. Jitender Kumar v. Chief of Army Staff (2007) LAB I.C 141.

38. In view of the above discussion, the petition is allowed. The orders dated 3rd April 2014 and 22nd December 2014 are set aside. Respondents are directed to regularize the leave of the Petitioner as Special Disability Leave as is permissible under the CCS (Leave) Rules. The consequential orders be passed within a period of four weeks. No order as to costs.

SANJEEV NARULA, J S. MURALIDHAR, J JANUARY 31, 2019 ss