Failure to apply for leave despite repeated opportunities can lead to dismissal of a petition seeking relief.

V.K. Sharma, Judge

The petitioner was working as Physical Training Instructor (PTI) in the respondent-Department. At the relevant time he was posted in Government Senior Secondary School, Virgarh (Shimla), when vide order dated 18.3.1994, he was transferred to Government Middle School, Bosari (Rohroo), District Shimla. He allegedly left the school on 31.3.1994 after getting station leave sanctioned and did not report for duty on 2.4.1994 and even thereafter up till 25.4.1994. In such circumstances on 19.4.1994 he was relieved in absentia. However, he joined the new place of posting in Government Middle School, Bosari only on 13.6.1994 i.e. after 55 days of relieving from Government High School, Virgarh. Thus, the allegation against him was that he remained willfully absent w.e.f. 2.4.1994 to 12.6.1994 i.e. for 72 days for which he was required to apply for the leave of the kind due. But inspite of repeated requests he refused to apply for leave and instead filed O.A. No. 2207 of 1998 before the erstwhile HP State Administrative Tribunal which was disposed of vide order dated July 13, 2001, Annexure A-4, operative part whereof is as under:- “The small controversy involved in this case is that the applicant has not applied for the leave that is why the salary was deducted. Keeping in view the facts and circumstances of the case, the applicant is directed to apply for the leave within a period of one month from today and respondents are directed to decide the matter in another one month and pay the amount due to the applicant within next fifteen days.”

2. However, again the petitioner did not comply with the above direction of the Tribunal as is apparent from order dated 6.12.2004, Annexure A-7, passed by respondent No.2, Director of Education, H.P., last two paragraphs whereof read as under:- “Inspite of clear cut directions of the Hon’ble Tribunal, the applicant did not apply for the leave within the stipulated period and has filed a Contempt Petition No. 25/2002 before the Hon’ble Tribunal. The applicant has annexed an annexure C-II with the contempt petition which is a representation addressed to the Director of Education which cannot be said to be a leave application on prescribed proforma. In order to decide the Annexure C-II, the applicant was directed to attend the hearing on 27.11.1994 alongwith relevant documents in his support but he refused to receive the letter and did not attend the hearing on 27.11.2004. Keeping in view the facts and circumstances of the case, it is clear that Shri Shamsher Singh, P.E.T. remained willfully absent from his duties w.e.f. 2.4.1994 to 12.6.1994 (72 days), therefore, one more opportunity is being given to Shri Shamsher Singh to apply for leave of the kind due on prescribed proforma for the period in question within a period of 15 days from the date of receipt of this order to the Principal, Govt. Sr.Sec. School, Dhamwari through Principal, GSSS, Virgarh so that appropriate action could be taken thereon accordingly, failing which entire period will be treated as DIES NON in accordance with the rules.”

3. Even thereafter the petitioner failed to avail of the

4. Against the above backdrop, the impugned office order dated 14.3.2005, Annexure A-9, was issued by respondent No.3, Deputy Director (Sec.) Education ordering to treat the period of absence from duty w.e.f. 2.4.1994 to 12.6.1994 (72 days) as DIES NON.

5. It was thereafter that the petitioner again approached the Administrative Tribunal by way of a fresh Original Application (O.A.) which on abolition of the said Tribunal was transferred to this Court and has been registered as CWP (T) No. 12030/2008.

6. The learned counsel for the petitioner submits that the petitioner could not join the new place of posting in Government Middle School, Bosari as he was not paid advance salary and Transfer Travelling Allowance (TTA) despite directions issued by District Education Officer, Shimla and Director Education, H.P. to the Headmast