2018 Supreme(All) 261
ALLAHABAD HIGH COURT
A.P. SAHI AND RAJEEV MISRA, JJ.
JAGDISH PRASAD - Appellant
Versus
GOVERNMENT OF Uttar Pradesh AND OTHERS - Respondents
(Special Appeal No. 1741 of 2013, decided on 13th February, 2018)
Counsel :
Rahul Jain for the Appellant; C.S.C. for the Respondents.
Headnote:Civil Service Regulations—Regulations 422, 351-A, 470—Absence—Extrodinary leave—Appellant actually was present and performed his duties in period alleged to be unauthorizedly absent—Thus, adjustment of aforesaid period as extra-ordinary leave without pay with future effect of same being excluded from period to be calculated for payment of pension against alleged absence from duty is wholly illegal—None of conditions specified under Regulation 422 for grant of extraordinary leave are satisfied—No basis found for sanctioning extraordinary leave without pay to appellant and that to for adjusting the period aforesaid treating appellant to be in unauthorized absence from duty—Also in absence of any departmental proceedings pending against appellant, pensionary benefits could not be curtailed—Impugned order also violative of principles of natural justice. [Paras 18 to 29]
Result; Appeal Allowed.
Hon’ble Rajeev Misra, J.—The present special appeal is directed against the judgement and order dated 27.9.2013, passed by the learned Single Judge, whereby, the writ petition filed by the petitioner-appellant has been dismissed.
2. Supplementary rejoinder-affidavit filed on behalf of the petitioner-appellant today, is taken on record.
3. We have heard Mr. Rahul Jain, learned counsel for the petitioner-appellant and Mr. Rakesh Kumar Shukla, the learned Standing Counsel representing the respondents.
4. The petitioner-appellant filed C.M.W.P. No. 64018 of 2012 (Jagdish Prashad v. State of Uttar Pradesh and others) for a number of reliefs as is evident from the prayer clause of the writ petition, which is extracted herein under :
“(a) issue a writ, order or direction in the nature of certiorari to quash the order of Chief Audit Officer, Lucknow Order No. 8007-10/31-04.2010 dated 18.2.2010 Annexure 10 to this writ petition.
(b) issue a writ, order or direction in the nature of mandamus directing to the respondents to pay the arrear of salary 1.10.2004 to 31.7.2005 for 10 month arrear of salary and to refix his pension after adding period of service from 1.10.2004 to 31.7.2005.
(c) (i) issue a writ, order or direction to pay the increment on the increment date.
(ii) to refix the revised salary from 1.1.2006
(iii) Refixation of pension.
(iv) Difference amount of gratuity and difference of Nagdikarn of Earned Leave.
(v) Bonus not paid for the period of 2001, 2002, 2004 and 2005 with interest.
(vi) Interest on revised pension.
(vii) Medical Leave which was not paid Annexure.
(d) Issue and other and further writ, order or direction in the nature for which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
(e) award the cost of the present writ petition in favour of the petitioner.”
5. Adverting to the facts of the case in hand, it transpires that the petitioner appellant was initially appointed as a Panchayat Chettra Samprakshak (Auditor) vide appointment letter dated 24.9.1970. As such, the petitioner-appellant was required to conduct audit of different organizations.
6. While the petitioner-appellant was working as Senior Auditor Grade-I the petitioner-appellant was assigned the audit work of Zila Panchayat, Badaun for the financial year 1999-2000. The petitioner-appellant undertook the audit work of the aforesaid organization on 16.1.2001 and finished the same on 30.9.2003. As such, the petitioner-appellant took 255 days for completing the aforesaid job assigned to him. With regard to the financial year 2000-2001, the petitioner-appellant undertook the audit work of the same organization on 22.4.2003 and took 247 days to complete the same. In respect of the financial year 2001-2002, the petitioner-appellant undertook the audit job of the aforesaid organization on 1.7.2004 and completed the same.
7. However, the audit report (Alekh Evam Antarik Appati) with regard to the audit work of Zila Panchayat, Badaun in respect of different financial years was not submitted by the petitioner-appellant immediately upon completion of the audit work. The petitioner-appellant only submitted the diary and Monthly Progress Report (Diary Evam Masik Pragati Prativedan). As such, the audit programme of the petitioner-appellant was not approved and the payment of salary to the petitioner-appellant was stopped from October, 2004. Subsequently, an explanation was called for from the petitioner-appellant regarding the aforesaid, vide order dated 17.2.2005 issued by the District Audit Officer, Badaun which was issued pursuant to the order dated 8.2.2005 issued by the Headquarter. However, no explanation was submitted by the petitioner-appellant.
8. The petitioner-appellant superannuated from his services on 30.6.2007. After an expiry of a period of more than two years and seven months, an order dated 18.2.2010 came to be passed by the respondent No. 2 The Chief Audit Officer (Co-Operatives and Panchayats), U.P., Lu