IN THE HIGH COURT OF HIMACHAL PRADESH,

SHIMLA

CWP No. 9464/2023

Decided on: 17..12.2025

Hitender Mandyal …Petitioner

Versus

HRTC & Anr. .…Respondents. ……………………………………………………………………………….

Coram

Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for repotrting?1

For the petitioner: Mr. R.K. Dogra, Advocate.

For the respondent: Mr. Raman Jamalta, Advocate.

Jyotsna Rewal Dua, J. CMP No. 30892 of 2025

Heard. Documents appended alongwith the application

are taken on record. Application stands disposed of.

CWP No. 9464 of 2023

Petitioner is serving as Driver in the respondents-

Corporation. On 15.09.2022, he was transferred from Kullu, Unit to Shimla, Unit. Petitioner did not join his duties at the transferred station and w.e.f. 19.09.2022 remained continuously absent for a period of 231 days. Respondents transferred him to Mandi, Unit on 08.05.2023. Petitioner joined at the said station the same day and 1 Whether reporters of the local papers may be allowed to see the judgment? yes

later furnished following medical certificates from different hospitals and doctors covering the entire period of his absence: -

Sr. No Period Medical Certificate Reason for issuance issued

1 19.09.2022 Govt. Medical ATFL Sprain right ankle to Hospital Mandi

26.10.2022

2 26.10.2022 Govt. Medical CBA radiculopathy to Hospital Mandi

19.11.2022

3 30.11.2022 Dr. R.P. Kaushal Cervical spondylosis retd. MBSS

4 13.01.2023 Dr. R.P. Kaushal Cervical spondylosis to retd. MBSS with pain right arm

24.02.2023

5 25.02.2023 Dr. R.P. Kaushal Lumbago to retd. MBSS

12.04.2023

6 13.04.2023 Dr. I.P. Kaundal Osteoarthritis both to Retd. BMO knee joints

07.04.2023 Respondents-HRTC directed petitioner’s examination by a Medical Board. The Medical Board examined the petitioner on 27.10.2023 and reported that “Petitioner was advised rest for two weeks as per record. However, since there arHe incomplete records available, we cannot say how much rest was advised. Generally, ATFL sprain requires 3-6 weeks for rest. At present, he is fit for duty.”

In view of Medical Board’s opinion, the respondent-

Corporation, vide office order dated 21.11.2023, granted ex-post facto 38 days commuted leave in petitioner’s favour w.e.f. 19.09.2022 to 26.10.2022. Petitioner’s remaining absence period of 193 days w.e.f. 27.10.2022 to 07.05.2023 was ordered to be treated as dies- non for all intents and purposes. The period though was not to constitute a break in service nonetheless was to be treated as duties not discharged during the period for any purpose. Petitioner feels aggrieved and preferred this writ petition seeking directions to the respondents to grant him due and admissible salary for the period in question by treating him on medical leave during the period in question.

3. Heard learned counsel for the parties and considered the case file.

4 It is an admitted position that petitioner was transferred on 15.09.2022 from Kullu Unit to Shimla Unit, but he did not join at the transferred station. Petitioner remained continuously absent from duties from 19.09.2022 onwards. On 29.09.2022, petitioner is stated to have sent a letter to the respondents that he was sick and could not join his duties. Petitioner remained absent from duties till his next transfer to Mandi Unit on 08.05.2023. During this entire period, no other communication was sent by the petitioner to the respondents. After joining Mandi Unit on 08.05.2023, petitioner furnished medical certificates (tabulated above): -

 As per certificate at serial No.1 issued by Government Medical Hospital Mandi, the petitioner was stated to be suffering from ATFL sprain right ankle. This certificate covering the period of absence from duty w.e.f. 19.09.2022 to 26.10.2022 was issued on

11.11.2022.

 The second certificate was issued to the petitioner again by the Government Medical Hospital Mandi, but by a different Doctor, in terms of which, the petitioner was statedly suffering from CBA radiculopathy. The certificate though does not bear any date of issuance, but covers the per