IMPORTANT POINT
It is not for High Court to decide disputed question of facts.

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. The appellant was appointed as a conductor in the Transport Department of Punjab on 10th October, 1983. On 21st December, 2003, while on duty on a Punjab Roadways bus, which was coming from Amritsar to Jalandhar, the bus met with an accident in which many passengers and also the appellant received grievous injuries. On being taken to hospital, extensive facial damage was noted, together with bone injuries, all over appellant’s body. After initial treatment, he was discharged from the hospital on 15th January, 2004, but the doctors advised him complete bed rest for a period of three months. On 13th February, 2004, the appellant made a request to the respondent No. 2 to sanction him leave as he was unable to attend his duties and furnished a copy of the certificate issued by the doctors in the hospital in support of his request. In reply to the request made by the appellant, the respondent No.2 by his order of even date indicated that the appellant had been sanctioned leave for the period from 22nd December, 2003 to 15th January, 2004 and thereafter leave had been sanctioned without pay from 16th January, 2004 to 15th March, 2004. In view of the said order, the appellant was not paid his salary after 16th January, 2004. The appellant made a representation to the respondent No.2 against his said order of 13th February, 2004 and requested that his salary be paid for the period during which he was undergoing treatment.

3. On 1st April, 2004, the appellant was once again admitted to a Nursing Home for corrective treatment of his face and he was discharged on 6th April, 2004, and a certificate to that effect was issued by the Nursing Home authorities. According to the appellant, he had spent a sum of Rs.50,000/- for the operation and other expenses in the Nursing Home.

4. The appellant claims that he had undergone treatment in different hospitals and had incurred medical bills amounting to Rs.1,57,000/-. Since no payment was being made despite the medical bills having been submitted, the appellant filed Writ Petition No. 13943 of 2005, questioning the inaction of the respondents and prayed for a direction on the respondents to pay his dues together with interest at the rate of 18% from the due date till the date of actual payment. The Writ Petition was dismissed on 26th September, 2005, in the absence of appellant’s counsel with a direction to the respondents to pay to the appellant the settled amount of Rs.58,498/- and that the appellant would be entitled to claim the balance amount of his total claim before the competent authority. According to the appellant, out of the total claim of Rs.1,57,000/- he was paid a sum of Rs.58,498 as sanctioned by the respondent authorities. A Review Application filed in respect of the said order was also dismissed on 18th October, 2005. The present Appeals are directed against both the said orders dismissing the Writ Petition as also the Review Petition.

5. It will be apparent from what has been stated hereinabove that the two questions to be considered in these appeals are whether the appellant would be entitled to the reimbursement of the total medical expenses incurred by him and also whether he would be entitled to his salary during the period of his hospitalization, even though no medical or earned leave or half-pay leave was available to him.

6. Appearing in support of the appeals, Mr. R.K. Talwar, learned advocate, submitted that since the appellant had met with a near fatal accident and had to be hospitalized while on duty and since he had been prevented from attending his duties on account thereof, the appellant’s case was different from other cases in that he did not willfully stayed-away from duties but was prevented by circumstances which were beyond his control from doing so. Mr. Talwar submitted that the Leave Rules as relied upon by respondent No.2 in sanctioning leave without pay for the period after 16th January, 2004, were applicabl