The legitimacy of administrative decisions regarding unauthorized absence was upheld, emphasizing compliance with mandatory procedural requirements for leave sanction.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

“....to call for the records pertaining to the following orders:

i. Order B7-3/NM, dated 25.6.2019 (Annexure-XXII)

ii. PMG(H)/ST-IV/PA/Misc/MBNR/2016 dated 19.5.2020 (Annexure- XXIV)

and declare the action of the Respondents as illegal, arbitrary and against the rules and principles of natural justice and in violation of the Article-14 and 21 of the Constitution of India and set aside and quash the said illegal orders with consequential direction to the Respondents to grant the eligible leave for the period from 30.9.2018 to 30.3.2019 and leave salary as per rules and pass such other order or orders as deemed fit and proper in the circumstances of the case and in interest of justice.”

2. The facts of the case, in a nutshell, as submitted by the applicant, are as follows:

i. It is submitted that, while working as SPM, Musapet SO, the applicant had fallen sick. The Doctor, whom the applicant consulted diagnosed her as suffering from enteric fever with infective Hepatitis and advised rest for 21 days from 21.10.2018. Thereafter, she developed back pain and, therefore, extended leave on medical grounds periodically from 11.11.2018 to 31.3.2019, duly submitting leave application and medical certificates.

ii. It is further submitted that the applicant is aged above 55 years. Her husband had died recently, leaving behind the applicant and 3 children. In addition to the domestic responsibilities and problems, she had developed health issues, on account of which she suffered unbearable pain and mental agony. While the applicant was working as SPM Musapet SO, she was promoted to the cadre of Lower Selection Grade and posted to a far off place at SPM Kulakacherla SO, where there were no medical facilities. She, therefore, declined promotion, keeping in view her fragile health and needs of her children. Now she is working as PA at Mehbubnagar HO.

iii. She has pleaded that, as directed, she attended the hospital several times, but the hospital authorities asked her to come later on. As she was suffering from severe back pain, she was not able to move out freely. She has reported this to the SPOs Mehbubnagar/-R4 through her representation, dt.6.2.2019, submitted in response to the letter No.B7-3/NM/2018, dt.31.1.2019. Without considering her circumstances and genuineness of her ill health, R4 has finally treated the period of leave on medical grounds from 30.9.2018 to 31.3.2019 as Dies-non irregularly against the rules, without notice, vide memo No.B7-3/N.M, dated 25.6.2019.

iv. Aggrieved with the irregular and unjust orders of R4, the applicant preferred an appeal, dt. 15.7.2019, to the Director Postal Services, O/o PMG, Hyderabad, who rejected the same mechanically, vide memo No.PMG(H)/ST-IV/PA/Misc/MBNR/2018, dt.19.5.2020. The applicant contends that the period of leave was covered by the leave applications and medical certificates. She joined duty on 1.4.2019, duly producing medical fit certificate. Hence, the period cannot be treated as unauthorised absence and, finally, as Dies-non.

v. If the SPOs, Mehbubnagar, had any doubt about the genuineness of her illness, he should have got it verified by the Inspector of Post or got the Medical Certificates submitted by the applicant examined by the Medical Board. Without such proper action prescribed, R4 straightaway passed orders, treating the period of leave on medical grounds as Dies