IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 10177 of 2008. Reserved on : 20.12.2010. Decided on 21.02.2011. _____________________________________________________ Surjeet Singh. …Petitioner. -Versus- State of H.P. and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Subhash Sharma, Advocate. For the respondents. : Mr. P.M. Negi, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Material facts necessary for the adjudication of this petition are that the petitioner was engaged as Beldar on daily wage basis w.e.f. 1st December, 1990. He discharged his duties till 21st October, 1993. Thereafter, he joined his duties in the month of September, 1997. Petitioner made a representation vide Annexure A-4 for counting his seniority w.e.f. 1st December, 1990. The representation made by the petitioner to the Executive Engineer was not decided. Hence, the present petition has been filed by the petitioner, seeking counting of the period for the purpose of seniority w.e.f. 1st December, 1990. 2. Mr. Subhash Sharma, learned counsel for the petitioner has strenuously argued that the petitioner is entitled to get the benefit of seniority w.e.f. 1st December, 1990 instead 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - of September, 1997, on the basis of Annexures A-2 and A-3, issued by the Medical Officer. 3. Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that the certificates issued vide Annexures A-2 and A-3, cannot be taken into consideration on the basis of Government policy circulated vide notification No. PBW-A- 2(B)(13)-19/93. According to him, the medical certificates could be entertained only if the petitioner has undergone treatment from Government hospitals or recognized clinics/hospital as indoor patient. 4. I have heard the learned counsel for the parties and gone through the pleadings carefully. 5. Petitioner was engaged on daily wage basis as Beldar w.e.f. 1st December, 1990. He worked in this capacity till 22nd October, 1993. Case of the petitioner, in a nut-shell, is that he fell ill and submitted an application for medical leave vide Annexure A-1 on 23.10.1993. He was re-engaged afresh in the month of September, 1997. He made a representation on 04.06.1999 for counting the period w.e.f. 1st December, 1990 for the purpose of seniority. Petitioner has heavily relied upon Annexures A-2 and A-3, issued by same Medical Officer for the period w.e.f. November, 1993 to November, 1995 and 24th November, 1995 to 18th September, 1997. The Medical Officer of a Primary Health Centre could issue a medical certificate for a period of two months only. Thereafter, he has to refer the matter to the Chief Medical Officer. In the medical certificates Annexure A-2 and A-3, the disease is not mentioned. Petitioner has also not placed any contemporaneous material on record to prove - 3 - that he had undergone treatment in Government hospital or recognized clinic/hospital, as an indoor patient. The petitioner was also required, as per Annexure R-1, to apply for medical leave before proceeding on such leave and get the same allowed from his immediate superior subject to production of medical certificate and fitness certificate and formal sanction subsequently. Petitioner was re-engaged in the month of September, 1997. He produced Annexures A-2 and A-3 before the competent authority on 4th June, 1999 only. Petitioner has not explained the delay why these certificates were not immediately produced before the competent authority. He has remained silent for about five years before approaching the learned erstwhile Himachal Pradesh Administrative Tribunal for the redressal of his grievance. Petitioner has not explained the delay in approaching the learned Tribunal belatedly. 6. In fact, the petitioner had joined his duties after almost four years in September, 1997, as discussed hereinabove and produced the medical certificates Annexures A-2 and A-3 on 04.06.1999. Moreover, no date has been mentioned in Annexures A-2 and A-3. Petitioner has been engaged afresh as Helper in the month of September, 1997 and till date, he is continuously working in the same capacity. Since the petitioner has not worked w.e.f. November, 1993 till September, 1997, he is not entitled to wages, as claimed by him, on the principle of “No work, No pay”. In these circumstances, the period w.e.f. November, 1993 till September, 1997, cannot be counted for the purpose of seniority. - 4 - 7. Accordingly, in view of the observations made hereinabove, there is no merit in this petition and the same is dismissed. No costs. (Rajiv Sharma) Judge February 21, 2011. (bhupender) - 5 - `