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High CourtsSingle Bench(2011) 04 SHI CK 0375

Sh. Diwakar Kamal vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 6 April 2011

HON’BLE JUDGES
Deepak Gupta, J
RESULT
Allowed
CASE NUMBER
CWP (T) No. 14107 of 2008

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Judgment

5 paragraphs · 351 words

Deepak Gupta, J.—The only relief claimed in this petition is with regard to the payment of salary for the month of December, 2005 w.e.f. 3rd December, 2005 to 31st December, 2005.

2.

It is not disputed that the Petitioner was on leave during these days. According to him, the Petitioner first applied for casual leave for two days and thereafter sent an application on 19.12.2005 that he was under treatment and Doctor had advised him to take rest. He rejoined his duty on 1st January, 2006 and produced medical and fitness certificate.

3.

It would be pertinent to mention that the Petitioner was working as Assistant Controller (Finance and Accounts) in the office of the Principal, Dental Medical College, Shimla. In addition, he was holding the charge of Deputy Controller (Finance and Accounts) in the office of the Project Director, Aids control Society, Shimla. The pay has been denied on the ground that the Petitioner had been asked vide letter dated 20th December, 2005 to appear before the Medical Board. The Petitioner has produced a medical certificate issued by the Assistant Professor of the Medical College whereby his application for grant of medical leave has been approved and it has been certified that he was fit to rejoin duty on 1.1.2006.

4.

One fails to understand what was the need of asking the Petitioner to appear before the Medical Board. Once a doctor had issued a medical certificate certifying that leave was necessary the Controller of the society should not have rejected such certificate unless there were reasons to believe that the certificate was false or fraudulently obtained.

5.

In view of the above discussion, this petition is allowed and it is directed that Respondent No. 3 Society, Himachal Pradesh Aids controls Cell shall pay the salary for the aforesaid period w.e.f. 3rd December to 31st December, 2005 to the Petitioner on or before 31st August, 2011. In case the Society fails to pay this amount by the said date then it shall also be liable to pay interest @ 9% p.a. on the amount due from January, 2006. No costs.