Smt. Vidya Thakur vs State of H.P. and Others

Deepak Gupta, J

1 By means of this petition, the Petitioner has prayed that the order Annexure PJ be quashed and the period of 93 days i.e. 73 days w.e.f. 20.9.1987 to 1.12.1987 and 20 days from 16.9.1988 to 5.10.1988 (total 93 days) be treated as leave on medical basis and counted towards her service for grant of proficiency step up etc.

2 As far as the period from 16.9.1988 to 5.10.1988 is concerned, the Senior Resident of the Post Graduate Institute of Medical, Whether reporters of the local papers may be allowed to see the judgment? Yes 2 Education & Research, Chandigarh had recommended leave from 23.7.1988 to 5.10.1988 in favour of the Petitioner. This included the period from 16.9.1988 to 5.10.1988 and therefore this period must be treated as medical leave and should be taken into account while counting the service of the Petitioner for grant of proficiency step up.

However, as far as the case of the Petitioner for similar relief in respect of the period from 20.9.1987 to 1.12.1987 (73 days) is concerned, the Petitioner cannot be granted this relief. The only certificate relied upon by the Petitioner shows that she was attending Uro OPD at PGI since 8.9.1987 till 31.12.1987. The certificate is absolutely vague. It does not state on which dates the Petitioner had attended the OPD and it also does not in any manner recommend that the Petitioner should be granted leave and the columns regarding recommendation of leave have been left blank. This obviously means that no leave was recommended for this period.

In view of the above discussion, the petition is partly allowed and it is directed that the period from 16.9.1988 to 5.10.1988 shall be counted towards the service of the Petitioner and for grant of proficiency step up and therefore the shortfall would only be 73 days i.e. the period from 20.9.1987 to 1.12.1987 which cannot be counted. The order is modified accordingly. No costs.