ORDER

HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicant in this O.A was offered an appointment against the post of Khalasi (G.C.S. - Group 'D' – Non Gazetted – Non Ministerial) on a temporary basis in the National Institute of Fisheries, Post Harvest Technology & Training (NIFPHATT), Cochin vide the Memorandum dated 20.06.2014 produced at Annexure A-1. The terms of appointment indicate that the appointment was purely temporary and would not confer any title to permanent employment. It was also indicated that the appointment may be terminated at any time without notice and without assigning any reasons and that the appointment carried with it the liability to serve in any part of India or outside. The applicant submits in the O.A that the post had been notified initially for appointment as Khalasi in the Cochin Office of the NIFPHATT. However, soon after the selection and appointment offer, the post (along with the applicant) was transferred to the Visakhapattanam Unit of the NIFPHATT. Accordingly the applicant joined duty at Visakhapattanam on 09.10.2014. Meanwhile a candidate who had appeared in the selection process, Shri.Sajith.P.V., whose father Shri.P.V.Babu was an employee of the NIFPHATT as well as the Secretary of NIFPHATT Employees Federation, filed O.A.No.659/2014 in this Tribunal challenging the selection and appointment of the applicant herein. The O.A was however dismissed by this Tribunal on 13.08.2016. The applicant in that O.A., Shri.P.V.Sajith then filed O.P.(CAT) No.184/2017 in the Hon'ble High Court of Kerala against the above order of this Tribunal. It is submitted that the same is pending for disposal.

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2. The applicant joined duty at Vishakapattanam on 09.10.2014 and submits that he worked there continuously in the post of Khalasi. He submits that 'in between' he took leave on a few occasions. He submits that the leave availed, including medical leave, compensatory off, earned leave etc., came to a total of 152 days, in the period from 01.01.2015 to 31.12.2018. On 18.08.2015 he applied for 12 days 'compensatory off' from 24.08.2015 to 05.09.2015 for proceeding to his native place at Ernakulam. However, he could not rejoin back on duty on 06.09.2015 as he contracted malaria. He was admitted in the Government General Hospital, Ernakulam for 23 days from 06.09.2015 to 01.10.2015. Since he had not joined on 07.09.2015 after the leave, the 3rd respondent, who is the officer in-charge of NIFPHATT, Vishakapattanam issued a memo on 28.09.2015 to him stating that since he had not sought an extension of leave it would be tantamount to unauthorized absence. A copy of the memo has been produced at Annexure A-3. The applicant submits that he then appeared with his father before the 3rd respondent on 08.10.2015. However, he was still not allowed to join duty and was compelled to return to his native place. Later, he submitted another representation on 13.10.2015 explaining the reasons and circumstances. He also produced the documents to substantiate his reason for absence. It is submitted that the 3rd respondent was satisfied with his explanation and allowed him to join duty after his explanation. A copy of the said explanation is produced at Annexure A-4.

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3. During the year 2016 the applicant availed another 23 days Earned Leave (EL). It is submitted that the 3rd respondent then refused to disburse his salary for the months of April and May 2016. The applicant filed a representation, a copy of which is produced at Annexure A-5. He also submitted a complaint, copy produced at Annexure A-6, that his seniors were harassing him and forcing him to drink liquor as well as directing him to buy liquor for their consumption. In 2017 the applicant availed another 15 days EL. He submits that during 2018, from 04.01.2018 to 07.03.2018, he fell ill and was admitted at the Calicut Medical College with Arthritis (