Court No. - 30 Case :- WRIT - A No. - 64415 of 2008 Petitioner :- Smt. Sudama Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Ranjan Srivastava Respondent Counsel :- C.S.C. Hon'ble Rakesh Sharma,J.
Heard learned counsel for the parties.
This is highly belated petition, which has come up for admission today. This
petition was presented on 3rd December 2008 seeking payment of salary for a
period when the petitioner was said to be absent from duty i.e. in the year
2003-04. In the counter affidavit it has been indicated that the petitioner was
absent without seeking permission of the competent authority for a long
period i.e. from 1.10.2003 to 31.03.2004. The attendance was not proved.
Ultimately, the petitioner was retired from service on 30.6.2008. However,
she was getting her pension. Nothing has been pleaded before the court as to
what had prevented the petitioner from working in the institution. Here is a
case where no formal approval has been accorded by the competent authority,
sanctioning leave to the petitioner. It is relevant to mention here that any kind
of leave cannot be claimed as a matter of right and the employee is duty
bound to discharge their functions, liabilities of the post. In absence of
bonafide the petitioner has failed to set out a case.
The writ petition is accordingly dismissed.
Order Date :- 6.7.2010
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