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2023 Supreme(Cal) 1030

TAPABRATA CHAKRABORTY, RAJA BASU CHOWDHURY
Jahan Khan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Anjili Nag.
For the Respondents: Mr. Tulsi Lall.

JUDGMENT :

Raja Basu Chowdhury, J.

1. By consent of the parties, this writ application has been taken up for final hearing. The writ petitioner was initially appointed as a Light Motor Vehicle Driver sometimes in the year 1988 by the Assistant Director of the Administration. The service of the petitioner was later confirmed and he was also granted 3rd financial up-gradation vide order dated 18th June, 2018.

2. The petitioner was on medical leave for the period from 16th June, 2020 to 5th July, 2020. Records would reveal that the aforesaid leave was regularised by the respondents vide order dated 14th July, 2020.

3. It is the petitioner’s case that since, his daughter was getting engaged he had applied for leave for a period of twenty days. Unfortunately, the authorities had only granted him five days leave. The petitioner, however, did not avail such leave, on the contrary had submitted a representation on 23rd July, 2020 intimating that he wished to avail the leave for five days from 27th July, 2020 instead of 20th July, 2020. It is the petitioner’s case that by reasons of the pandemic the engagement of the petitioner’s daughter could not take place. The petitioner, however, had submi

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