Regularization of leave period extends the joining time under the promotion order.

Ajay Rastogi, J.- By present petition, petitioner has raised grievance that despite his promotion made by respondents on the post of Pump Driver Gr. III vide order dated 112.1985, as he failed to report within 15 days his promotional order stood automatically cancelled and was not permitted by respondents to work on promotional post.

2. Petitioner joined service as Helper II on 20.02.1980 and as per his seniority in the cadre of Helper II, he was considered for promotion under Rajasthan Engineering Subordinate Service Rules, 1977 and was promoted as Pump Driver III vide order dated 110.1985 (Annexure-1) and a condition was incorporated that incumbents have to report on promotional post within 15 days, failing which their promotion orders would automatically stand cancelled.

3. Case of petitioner is that he was on medical leave from 110.1985 and after submitting sickness and fitness certificate, he reported and resumed for duty on 111.1985 and total period of his aforesaid medical leave was sanctioned and regularised by competent authority and payments whereof have also been made as is evident from order dated 18.08.1992 (Annexure-9).

4. Counsel for petitioner contends that promotional order was serviced upon petitioner only when he reported and resumed duty on 111.1985 after availing of medical leave from 110.1985 (date of promotion order) to 111.1985 on the ground of sickness, as such he reported for duty on the post of Pump Driver III to the Assistant Engineer who permitted to join but on instructions issued by higher authority without any order in writing, he was not allowed to work on promotional post and after making representations to the authority when no heed was paid he has approached this Court by instant petition. Counsel further contends that once period of leave from 110.1985 to 111.1985 has been sanctioned and regularised by making payments of salary for leave period, there was no justification available for respondents to deprive petitioner from joining service on promotional post with effect from 111.1985 pursuant to promotion order dated 110.1985, particularly when promotion order, itself , was served upon him when he resumed back for duty on 111.1985 after leave on account of sickness and in that situation, period of joining service on promotional post even in terms of order in question ought to have been computed from 111.1985 and mere absence on account of leave will not cause prejudice to him while computing joining time provided for promotional post and he is entitled to benefit under Rule 8 of Rajasthan Civil Services (Joining Time) Rules, 1981.

5. Respondents in Para 4 of their reply have averred that since petitioner failed to report within 15 days in terms of promotion order, he was rightly not permitted to join and report for duty on promotional post and so far as leave sanctioned by authority, explanation has been called for from concerned incumbent with regard to payment of salary of leave period.

6. I have considered contentions of Counsel for the parties and with their assistance, perused material on record. It is not in dispute that order of promotion was not served upon petitioner till he remained on leave for the period from 110.1985 to 111.1985 and till reported back on duty on 111.1985 only then he was served with promotion order on which he immediately submitted his joining report on promotional post. Further it is not in dispute that his leave period (supra), stands regularised and sanctioned by competent authority as is evident from order dated 18.08.1992 (Annexure-9) and payment of salary for leave period has also been made. Thus, when order of promotion, itself was served on the date when petitioner resumed back for duty after leave period (supra), on 111.1985, certainly condition stipulated in order of promotion for reporting within 15 days on promotional post will commence from the date he was communicated with promotional order and that could reasonably be inferred. I am not