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2025 Supreme(Online)(CAT) 10753
CENTRAL ADMINISTRATIVE TRIBUNAL
VARUN SINDHU KUL KAUMUDI, Administrative Member
G.ANANDRAJ – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NO.020/00117/2022
For the Appellants/Petitioners: Sri K.Altaf Hussain
For the Respondents: Smt. B.Gayatri Varma, Sr.CGSC
The Tribunal dismissed the application for leave commutation on grounds of insufficient medical documentation and procedural compliance, emphasizing the discretionary nature of such approvals under established regulations.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Application seeking to convert sanctioned Leave on Half Average Pay as Commuted Leave - Applicant’s request for commutation based on medical certificates rejected as being not genuine and lack of adequate documentation - Competent authority's discretion evaluated - Applicant failed to meet criteria for leave commutation. (Paras 1, 3, 10, 12, 14)
(B) Rule 527, IREC - Commuted Leave - Application for commuted leave must satisfy the competent authority on medical grounds. Validity of previous rulings regarding leave commutation examined but are not applicable to this case due to insufficient documentation and proof of medical treatment. (Paras 10, 13)
Facts of the case:
The applicant sought to convert sanctioned Leave on Half Average Pay to Commuted Leave after being sanctioned 89 days of LHAP due to personal health issues. His commutation request was ultimately denied by the competent authority citing lack of genuine medical evidence and procedural compliance as critical failings.
Findings of Court:
No medical certificates furnished met the IREC’s stipulations for genuine medical leave. Rules regarding commutation of LHAP were upheld as discretionary to be determined by the competent authority.
Issues: The primary issue was whether the applicant’s request met the necessary regulatory and evidentiary standards to qualify for commuted leave.
Ratio Decidendi: The Tribunal emphasized the importance of substantiating a leave application with valid medical documentation to satisfy the competent authority, as stipulated in established regulations.
Result: The application was dismissed.
| Table of Content |
|---|
| 1. application for leave commutation under scrutiny. (Para 1 , 2) |
| 2. claims of applicant regarding leave request and medical conditions. (Para 3 , 4 , 5) |
| 3. discretionary powers of the competent authority in granting commuted leave. (Para 6 , 7 , 10) |
| 4. threshold for granting leave commutation must be met. (Para 11 , 12) |
| 5. court dismissed application based on inadequate grounds. (Para 14) |
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:
“a. Call for the records pertaining to the issuance of impugned proceedings, dt.25.11.2021.
b. Direct the Respondents to convert the sanctioned LHAP as Commuted Leave and pay the balance amount of Leave Salary.
c. May direct to pay interest @ 8% per annum on the balance amount of Leave Salary to be paid.
d. Cost of the Application.
e. Pass such other and further order or orders as this Hon’ble Tribunal may deem fit and proper in the interest of justice and circumstances of the case.”
2. The facts of the case, in a nutshell, as submitted by the applicant, are as follows:
i. The applicant, while working as Chief OS/GNT, was sanctioned 89 days of LHAP by the Sr.DEN/Co-ordination/GNT, vide proceedings, dt.18.03.2021, though he had applied for LHAP with commutation. He submitted medical certificate, dt.24.06.2021, for 82 days, i.e., for the period from 03.04.2021 to 23.06.2021, after undergoing treatment.
ii. The applicant’s request for conversion of 82 days of LHAP as Commuted Leave, based on the Medical Certificate and 07 days of LHAP, was put up to the Sr.DEN/Co-ordination/GNT, vide proceedings, dt.07.07.2021. He was, later, allowed to retire on 10.07.2021, on voluntary basis, on health grounds.
iii. The request of the applicant for conversion of sanctioned LHAP as commuted leave was rejected arbitrarily by the then ADRM/GNT, vide proceedings, dt.25.11.2021. The rejection of the request of the applicant for commuted leave and consequential rejection of payment of balance amount of leave salary is against rules, procedures and observations of the Hon’ble Courts. Hence, the OA.
iv. It is submitted that the applicant was living alone at Guntur (GNT).He wanted to join his spouse at Madurai, to have proper medical treatment, timely food and rest at Madurai, and, for that purpose, he had applied for LHAP with Commutation and availed leave at Madurai and also took treatment. As the medical certificate covered only 82 days’ period, the applicant submitted a fresh requisition to the competent authority to convert LHAP as commuted leave for 82 days only, i.e., for the period from 03.04.2021 to 23.06.2021 and, for the balance 07 days’ period, i.e., 29.03.2021 to 02.04.2021 and 24.06.2021 to 25.06.2021, as LHAP. Further, the applicant was allowed to retire from service, on voluntary basis, w.e.f. 10.07.2021, on health grounds.
v. It is argued by the applicant that though the Sr.DEN/Co-ord/GNT is empowered to convert the sanctioned LHAP as Commuted Leave, in terms of the extant Rules in view of Medical Certificate submitted by the applicant, the Sr.DEN/Co-ord/GNT referred the matter further and the ADRM/Guntur, vide the impugned proceedings, dt.25.11.2021, rejected the request of the applicant for sanction of commuted leave. It is submitted that the request of the applicant, for conversion of LHAP as Commuted Leave, was unnecessarily put up to the ADRM who rejected the same.
vi. According to the applicant, Rule-527 of IREC Vol.I, with regard to Commuted Leave, stipulates as under:
Commuted leave not exceeding half the amount of leave on half average pay due may be granted on medical certificate to railway servant, subject to the following condition:
a. The authority competent to grant leave is satisfied that there is reasonable prospect of the railway servant returning to duty on its expiry.
b. When commuted leave is granted, twice t
