Mulakh Raj vs State of HP

Justice Kurian Joseph, C.J.—The writ petition is filed with the following payers:- (a) to issue a writ of certiorari or direction in nature thereof, quashing the impugned orders dated 17.1.2012 (Annexure P-1) and 2.2.2012 (Annexure P-2) of the writ petition, as unconstitutional and illegal and contrary to the law;.

(b) to issue a writ of mandamus, appropriate writ, order or direction in nature thereof, directing the respondents to allow the petitioner to complete the normal tenure at present office of posting as well to consider the period of relieving as on duty for all purpose and intents".

It is submitted that on account inclement weather, the petitioner could not join at Keylong and now he is taking steps to join at Keylong. However, for the period in between, it is submitted that the respondents may be directed to treat the same as leave. If the inability on the part of the petitioner to join duties is on account of inclement weather, this period has to be treated as period of leave of the kind due. Therefore, this writ petition is disposed of making it clear that the period between relieving and the joining duties at Keylong shall be adjusted to the leave of the kind due available to the petitioner. In case no leave is available, it shall be adjusted against the leave not due.

The writ petition is disposed of so also the pending application(s), is any. Dasti copy.