Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2013 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 638 - HC - Indian LawsNon release of pensionary benefits - leave without notice / sanction - petitioner was posted as Inspector in Indian Oil Corporation, Range Barauli Oil Refinery, he went on leave w.e.f. 23.7.1990. It is the case of the petitioner that the petitioner was suffering from arthritis and was unable to perform his duties. - Held that:- The petitioner in the alternative could show exceptional circumstances for sanction of leave. No such circumstances were shown to the concerned authorities, as has been observed in the orders passed by the authorities. Rather the authorities asked the petitioner to present himself for medical examination before Civil Surgeon, Farrukhabad in the year 1994. Admittedly, the petitioner did not get himself examined medically for reasons best known to the petitioner. A suspicion in regard to bona fides of the petitioner is raised in the mind of this Court as to why the petitioner did not want to get himself medically examined to support his plea for leave on medical grounds. No plausible, justifiable or accepted reason is coming forth for not getting himself medically examined. The petitioner in above noted circumstances wants benefit of continuous service, without having worked. Thus, equity also does not favour the case of the petitioner. - Decided against the petitioner employee.
|