HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.15289 OF 2010 ORDER: Petitioner was employed as Conductor in the APSRTC, Ranigunj Depot. He remained absent from 12-06-2007 to 15-07-2007 on account of illness. On the ground that the petitioner did not file the medical certificate within the stipulated time, the respondents did not sanction him medical leave for that period and on the other hand, refused to take him on duty. 2. Petitioner states that he reported duty on 16-07-2007 with fitness certificate, but the Depot Manager refused to permit him to join duty and thereafter, he was retired from service on 31-01-2008. The grievance of the petitioner is that he is entitled to pay the salary for the period referred to above. 3. Respondents filed counter affidavit narrating the particulars of the absence period of the petitioner. It is also stated that the amounts, which the petitioner is entitled to, were paid and as regards the payment of salary for the period from 16-07-07 to 01-12-2007, it is stated that it is treated as leave without salary. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 5. The absence of the petitioner from 12-06-2007 to 15-07-2007 is said to be on account of illness. However, he did not file the medical certificate within time, nor did he take treatment in the Hospital maintained by the Corporation. At any rate, that period had become the subject matter of the disciplinary proceedings and he was censured for it. Therefore, he is not entitled for the salary for that period. 6. Petitioner categorically states that he reported duty on 16-07-2007 and the Depot Manager refused to take him into service. This allegation remains unrebutted. Further, the record discloses that the petitioner approached not only the Union Leaders, but also the Assistant Commissioner of Labour for conciliation. Though the Corporation was entitled to deny the medical leave to the petitioner from 12-06-2007 to 15-07-2007, there was no justification in not permitting him to join duty on 16-07-2007. The absence of the petitioner from that date to 01-12-2007 is not on account of his fault. The Corporation, therefore, is liable to pay the salary to the petitioner for that period. 6. Hence, this Writ Petition is partly allowed directing that the respondents shall pay the salary from 16-07-2007 to 01-12-2007 to the petitioner within a period of two (2) weeks from the date of this order. Petitioner shall also be entitled for refund of the security deposit made by him. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J September 21, 2010. Note: Issue copy in one week. B/O.KTL