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Judgment
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.