WP(C) 4090/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. J U N M Laskar, learned counsel for the petitioner and Mr. SK Sharma, learned standing counsel ASEB for respondent Nos. 2, 3, 4, 5 and 6. Also heard M r. Gosh, learned G.A. for respondent No. 5. As agreed to by the counsel of both the parties, this petition is taken up for d isposal at the motion stage. The petitioner herein was appointed as General Duty Security Constable in the ye ar 1985 in Assam State Electricity Board. Subsequently, he was attached to the R esident Engineer, Type II, E.H.V., Grid Sub-Station, AEGCL, Haflong and while in service the petitioner applied for 60 days earned leave for ailment of his wife on and from 4.4.2011 to 2.06.2011. On receipt of earned leave application, the Chief Security Officer, ASEB, Bijulee Bhawan, Paltanbazar, Ghy-1 by Office Order No. 76 dated 23.03.2011 (Annexure-2), the petitioner was granted 60 days earned leave w.e.f. 4.4.2011 to 2.06.2011 which is reproduced as below : ASSAM STATE ELECTRICITY BOARD OFFICE ORDER NO. 76 Dated 23.03.2011 L/NK Sarat Ch. Barman of Lower Haflong SOP is granted 60 (Sixty) days earned lea ve w.e.f. 04.04.2011 to 02.06.2011 from the date of availing with station leave permission. He should deposit all uniform articles issued to him by the Board to the I/C, SO P before proceeding on leave. The incumbent would have continued to hold the same post, but he proceeding on l eave and there is every likelihood of return the post from where he proceeded on leave. Sd/- Chief Security Officer, ASEB, Bijulee Bhawan, Paltanbazar, Ghy-1 Memo No. ASEB/CSO/PF/LNK/559/ Dated 23/3/2011 Copy to :- 1. The AEE, T & T Sub. Div., AEGCL, Haflong 2. The I/C, Lower Haflong, SOP. 3. File Sd/- Illegible 23.03.2011 RESERVE INSPECTOR (S) Subsequently, the Chief Security Officer, ASEB, Bijulee Bhawan, Paltanbazar, Guw ahati-1 vide Office Order dated 23.04.2011 (Annexure-3) cancelled the earned lea ve already granted with a direction to the in-charge, Haflong not to allow the p etitioner to avail leave with further direction not to forward any leave applica tion directly to the headquarters in future. It would be apposite to mention at this stage that on account of grant of 60 (si xty) days leave, the petitioner availed it and when he came back to join in the post it was brought to his knowledge that his earned leave so granted by the Chi ef Security Officer, ASEB, Paltanbazar had been cancelled. Being aggrieved thereby, the petitioner has approached this court by filing this petition under Article 226 of the Constitution of India to issue a direction to the respondent authorities to treat the period from 4.4.2011 to 2.6.2011 as a p eriod of his leave and to provide him salary with all allowances. Mr. SK Sharma representing the respondent Nos. 2 to 6 after obtaining instructio n submits to this court that the only ground of cancellation of the earned leave is on account of sending the application directly to the headquarters. Whatever may be the official procedure adopted by the Assam State Electricity Board in r egard to grant of earned leave facts remain that on the application of the petit ioner earned leave was granted on and from 4.4.2011 to 2.6.2011. The ground for rejection so appraised by Mr. Sharma appears not cogent and sufficient. This cou rt sees no reason on the facts to reject the application filed under Article 226 of the Constitution of India. In view of the facts and circumstances appearing in the face of the record and t he ground appraised by Mr. SK Sharma, learned standing counsel ASEB, this court is of the considered view that the respondent authority(s) has committed error i n cancelling the earned leave so granted in favour of the petitioner. Under the circumstances, respondent authorities is directed to treat the period commencing from 4.4.2011 to 2.6.2011 as a period leave and to provide his salary and other allowances as admissible to him from time to time. Such exercise shal l be undertaken by the respondent authority(s) within a period of 1 (one) month from the date of receipt of the copy of the order. With the above direction, this writ petition stands disposed of.