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Case No.314/287 of 1983, decided on 28th November, 1983.

‑‑‑ R.20 (2)‑‑Appellant advised medical leave by authorised medical officer‑‑Treated by competent authority as extraordinary leave without pay‑‑Order set aside by Tribunal, holding, that in circumstances medical leave could not be converted to extraordinary leave without pay.

Appellant in person.

A.G. Humayun District Attorney for Respondents.

‑‑‑ Noor‑us‑Samad Chau dhry, Senior Clerk, Government Vocational Institute for Boys, Sheikhu pura, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Director, Manpower and Training, Punjab, Lahore and Secretary Government off the Punjab, Labour Department, Lahore, as respondents.

2. By virtue of this appeal he has prayed that the orders under appeal may be set aside and he be sanctioned 30 days leave from 20‑10‑1982 to 18‑11‑1982, on medical ground with full .pay and allowances.

3. Brief facts of the case are that the appellant applied for leave on medical ground from 20‑10‑1982 to 18‑11‑1982, to the Principal, Government Vocational Institute, Khanewal. However, the leave application of the appellant was accepted on the condition that the same would be treated as extraordinary leave without pay. The appellant vide his application, dated 8‑3‑1983 represented against the said order to the Principal, Government Vocational Institute for Boys, Khanewal. The said representation was so forwarded to the higher authorities and despite many reminders nothing came out. As no decision was taken on the said representation, the appellant has filed this appeal after the expiry of a period of 90 days.

4. We have heard the appellant in person as well as learned District Attorney assisted by the representative of the Department and find that on 20‑10‑1982, the appellant suddenly fell ill and got himself examined from the Senior Medical Officer, Civil Hospital, Khanewal who advised him proper treatment and rest for a period of 15 days from 20‑10‑1982 to 3‑11‑1982, vide his medical certificate placed on the record as Annexure 'E'. The medical certificate was despatched to the Principal, Government Vocational Institute, Khanewal through Registered post on the day it was issued. The appellant once again got himself examined by the same Medical Officer and was further advised treatment and rest for 15 days more from 4‑11‑1982 to 18‑11‑1982 vide Medical Certificate. This medical certificate was acknowledge by the Principal, Government Vocational Institute, Khanewal on 4‑11‑1982. In these circum stances, it was obligatory on the part of the authority either to direct the appellant to get the medical certificates countersigned or to make arrangement for medical check up of the appellant, in case it was found by the said authority that the first medical certificate was not genuine or managed by manipulation of the appellant. It will be useful to reproduce the rule 20(2) of the Revised Leave Rules, 1981:‑

"20(2) Leave applied for on medical certificate shall not be refused."

In accordance with the Rules as observed earlier, we do not find any effort on the part of the authority to arrange such medical examination or to direct the appellant to present himself before the Medical Board. In these circumstances the plea of the appellant that his medical leave cannot be rejected and could not be converted to extraordinary leave without pay, is forceful.

5. In view of the above discussion we proceed to accept the appeal set aside the impugned order, dated 15‑2‑1983, and direct the respondents to treat the extraordinary leave as medical leave with full benefits of pay and allowances in accordance with the Rules. There will be no order as to costs.

M. I. Appeal accepted.

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