Uttarakhand High Court

WPSB/157/2019 on 7 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                                                                                                                         2025:UHC:3562-DB
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                                 WPSB No. 157 of 2019
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

Judgment:(per Hon'ble Manoj Kumar Tiwari, J.)

Mr. Abdul Ali, Advocate holding brief of Mr. Bhupesh Kandpal, Advocate for the petitioner.

2. Mr. Devendra Singh Bora, Standing Counsel for the State of Uttarakhand.

3. This Writ Petition was filed in the year 2019, seeking the following reliefs:-

"(i) A writ, order or direction in the nature of mandamus directing the respondents to release the salary of the petitioner for the period of three months (w.e.f. 01.09.2016 to 06.09.2016, the period for which the petitioner worked and 07.09.2016 to 28.11.2016 the period during which the petitioner was on medical leave) within a stipulated time period along with the interest of 18% per annum as penalty upon the respondent authorities for withholding the salary of the petitioner without any reasons as till today no reasons has been assigned by the respondent authorities.

(ii) A writ order or direction in the nature of mandamus commanding the respondent authorities to decide the representation of the petitioner in accordance with law."

4. According to the petitioner, while serving as Assistant Regional Transport Officer, Uttarkashi, he proceeded on medical leave for 83 days. However, his prayer for sanctioning of medical leave has not been granted. Thus feeling aggrieved, the petitioner has approached this Court.

5. In the Writ Petition, it is alleged that petitioner made a representation, which has not been considered so far. Therefore, the Writ Petition is disposed of with a direction to the Secretary Transport to consider and decide petitioner's representation dated 26.07.2018, contained in Annexure No. 6 to the Writ Petition, within three months from the date of receipt of a certified copy of this order.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)

07.05.2025 Shiksha SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5 DD9, cn=SHIKSHA BINJOLA Date: 2025.05.07 18:16:29 +05'30'