Chief Manager, Sri Ganganagar Zila Dugdh Utpadak Sahakari vs Jagdish Narain Regar Son of Shri Thakariya

This appeal is barred by limitation from 69 days and also having certain minor defects but ignoring the same, we have examined merit of the case.

In brief, factual matrix of the case is that the respondent petitioner, an employee of the Sri Ganganagar Zila Dugdh Utpadak Sahakari Sangh Limited, Hanumangarh, claimed for grant of selection grades that was denied on the count that he remained absent from duty for 18 days without having leave sanctioned.

The decision of the appellant respondent was challenged by way of filing a petition for writ, wherein, learned Single Bench held that the issue as to whether the leave was justified or not was not at all adjudicated and therefore the selection grades could have not been deferred for a period of 2 years and 9 months.

In appeal, the arguments advanced on behalf of the appellant is that the respondent petitioner admittedly remained absent from the duties without having sanction, therefore, he was not entitled to have selection grades. It is also stated that learned Single Bench failed to appreciate that the cause in question was adjudicated by the respondent petitioner after a lapse of 6 years.

The delay in filing the writ petition as per learned counsel for the appellant was fatal and learned Single Bench should have dismissed the petition for writ on that count alone.

We do not find any merit with the arguments advanced. So far as the issue with regard to delay is concerned, we would like to state that the petitioner is claiming the selection grades for which he is entitled statutory. The cause sought to be agitated on its face is a recurring one and therefore, no delay can be attributed on part of the respondent petitioner. On merits, as already stated, the only reason for deferring the grant of selection grades was that the appellant remained absent from duties for 18 days without having proper sanction. It is also well settled that merely on the count that an employee remained absent from duties, the selection grades cannot be detained. The employer has to arrive at a definite conclusion that by remaining absent from duties the employee committed a misconduct and that dis-entitles him from getting any benefit, may that be of promotion or grant of selection grades. In the case in hand, the employer never arrived at such conclusion, hence, merely on basis of an unestablished fact, this selection grade could have not been denied. Learned Single Bench, as such, committed no error that may warrant interference in appellate jurisdiction.

The appeal is dismissed.