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2016 Supreme(Kar) 813

B.S.PATIL
Vishakanta – Appellant
Versus
Executive Engineer (Ele) TL & SS Div. – Respondent


Advocates Appeared:
For the Petitioner: Sri. Manjunath N.D., Adv.
For the Respondent: Sri. N.G. Vijayakumar, Adv.

ORDER :

1. This writ petition is filed by employee of the Karnataka Power Transmission Corporation Limited working at Nanjanagudu in Mysore District challenging Annexure-G communication dated 04.04.2014 issued to him by the jurisdictional executive engineer – respondent No.4 thereby informing him that as petitioner was absent from his duties with effect from January 2013 unauthorisedly, he could not be paid salary withheld for the said period.

2. A perusal of the impugned order and the facts leadings to this writ petition disclose that petitioner has suffered disability in his upper and lower limbs. Annexure-A Medical certificate issued by the Doctor of BGS Appollo Hospital, Mysore, reads as under:

“Gradually progressive weakness of both upper and lower limbs since 1991. Was investigated fully at NIMHANS and was concluded that he has limb griddle muscular Dystrophy. His disability is worsenining and he now needs help for all routine day to day activities”.

3. Indeed this aspect of the matter is not in dispute. It is on account of his disability that petitioner has not been attending to his work. He is virtually bedridden from January 2013. The question that has now arisen is, whether p













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