IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 8610 of 2008 Decided on : 07.12.2010. Lekh Ram ..…Petitioner. Versus H.R.T.C. Through its Managing Director and other. .… Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. Sanjeev Bhushan, Advocate. For the Respondents : Mr. Adarsh Sharma, Advocate. V.K. Sharma, Judge (Oral) The petition has been filed on the following prayers vide para 7 (i) and (ii) :- “(i) Directions be issued to the respondents to quash and set aside the order dated 15.5.1999 Annexure A- 1, with further directions to the respondents to grant extraordinary leave to the applicant for the period of 207 days, applicant remained ill i.e. w.e.f. 16.7.98 to 7.2.99. (ii) Directions may further kindly be issued to the respondents to pay the salary of the applicant with interest @ 18 % P.A.” 2. In the reply, filed on behalf of respondents, the following stand has been taken by way of preliminary submissions and para 6 (iii) on merits :- 1 Whether reporters of the local papers may be allowed to see the judgment? No, 2 Preliminary Submission :- “ That the contents of this para are admitted to the extent that seniority list used to be maintained zone-wise. Further it is specifically denied that the seniority lists were not communicated to the concerned employees properly. As per decision dated 3.3.2000 of Board of Directors of respondent Corporation joint seniority list A-2 of Resin/Timber Watchers serving in all the three Zones of respondent Corporation was prepared as per rules. This seniority was prepared keeping in view date of appointment/regularization as Resin/Timber Watcher. Where the regular appointment of two or mote Timber/Resin Watchers is the same, the seniority in the feeder category of Timber/Resin Watcher (daily wage) has been kept in view. Where even date of appointment on daily wages is the same, the seniority has been determined on the basis of date of birth showing the elder senior to the younger. As already submitted tentative seniority list was finanlized after inviting objections from all the concerned employees, including the applicant, and was issued which is annexure R- I. In the revised seniority list, applicant’s name figure at Sr. No. 192. It is wrong and denied that no proper instructions or procedure has been followed in preparing said list. It is also wrong and denied that entire career of the applicant been jeopardized. The juniors, as alleged by the applicant, has rightly been regularized w.e.f. 1986 as per their seniority maintained in the Zone in which they were serving at that relevant time.” Para 6 (iii) “That it is a settled law that leave cannot be claimed as matter of right. It will be pertinent to submit here that the applicant had submitted four medical certificates alongwith joining report. They are from 3 different Hospitals and are for different diseases. These diseases have nothing to do with the alleged injury to the leg. Hence, the authorities in these circumstances have rightly come to the conclusion i.e. to deny the leave to the applicant. It will also be pertinent to submit here that the applicant had not applied for leave nor had informed the respondents of his whereabouts from 16.7.1998 to 7.2.1999, as such, he wilfully remained absent from his duty. In view of conduct and act of the applicant, this Original Application deserves dismissal with exemplary costs.” 3. In view of the above, in case the petitioner still has any surviving grievance with regard to the factual and legal position, he may certainly point out the same by way of appropriate representation before the first respondent/competent authority within a period of one month from today along with copy of this judgment and the said respondent/competent authority shall decide the same within another three months after affording an opportunity of being heard to the petitioner, if so desired. 4. In view of the above, the petition stands disposed of, so also the pending CMP(s), if any. (V.K. Sharma) Judge. 7th December, 2010 CS