SUDHIR AGARWAL,J. - (1.) HEARD Smt. Fasiha Fatma, learned counsel for the petitioner.
(2.) THE petitioner has sought the following reliefs:- (i) a writ, order or direction in the nature of certiorari to quash the impugned order dated 10.8.1999 and 30.9.1999 (Annexures 14 and 18) respectively to this writ petition; (ii) a writ, order or direction in the nature of mandamus commanding the respondent authorities to grant/sanction leave without pay to the petitioner; (iii) to issue a suitable writ, direction or order or a writ in nature of mandamus commanding the School Authorities, the respondent Nos. 2,3 and 4 to permit the petitioner to resume duties as Head Clerk in the Respondent's College; (iv) to issue a suitable writ, direction or order or a writ in nature of mandamus commanding the Respondents to pay the petitioner his full salary from the date he had applied for the recall of the leave application and had submitted a joining report praying that he be permitted to discharge duties as Head Clerk to the date of his being permitted to resume duties in case this Hon'ble Court passes such an order by granting the relief No. (iii); (v) to issue a writ in the nature of mandamus or any other writ, direction or order commanding the College Authorities to bring up the records of the case and common not to enforce its order dated 12.12.2002, (Annexure-SA-3) and quash the same; (vi) any other writ, order or direction as this Hon'ble Court may deem fit and just in the facts and circumstances of the case; (vii) to award cost throughout." The order ctefedAnnexure-14'tp the writ petition is a letter dated 10.8.1999 of the Manager of Committee of Management of Hamidia Girls Degree College, Allahabad (hereinafter referred to as the "College") communicating to the petitioner that he is absent from duty since 4.4.1998 and has not submitted any leave application or medical certificate requesting for leave for the period of absence. It is further said that the application dated 1.9.1998 requesting for grant of leave without pay up to 30.6.1999 on the ground of personal reasons has already been rejected by the Manager and communicated vide letter dated 4.9.1998, therefore, the application dated 30.7.1999 seeking leave without pay from 1.7.1999 to 3.4.2003 is being rejected. Annexure-18 is Manager's letter dated 30.9.1999 is reply to the petitioner's letter dated 29.9.1999 stating that the petitioner's leave application has already been rejected but he has misconception of assuming that his leave has been granted. Besides, Annexure-SA-3 is Manager's letter dated 12.12.2002 which has been sent in reference to petitioner's letter dated 25.11.2002 whereby he requested to join the College but the Management declined to permit the same after such a long absence on the ground that so long as the Writ Petitions No. 12251 of 1998 and 49970 of 1999 are pending no joining can be permitted.
(3.) THE facts stated in the writ petition, in brief, are that by application dated 21.3.1998, Annexure-1 to the writ petition, the petitioner requested the Manager to grant him leave from 17.3.1998 to 21.3.1998 on medical ground with the undertaking that he will submit medical certificate at the time of joining. Vide letter dated 30.3.1998 he sought further leave up to 3.4.1998 on medical ground. On 6.4.1998 the Principal of the College sent a letter to the petitioner stating that he is on medical leave and in the meantime the audit for the year 1997-98 has been done since the audit team has come but all cash books, cheque books, fee books etc. were in the possession of petitioner hence he should handover all the documents for the purpose of audit. On the said letter the petitioner wrote on 17.4.1998 that he is applying for leave up to 18.4.1998 and may also seek extension thereof, hence had handed over all the required documents to Sri Vakeel Ahmad Siddiqui. Vide letter dated 18.4.1998 the petitioner informed the Principal that he has handed over the key of his Almirah to Sri Vakil Ahmad Siddiqui, Routine Clerk and a list of all the documents lying in the Almirah may be got prepared. On 25.5.1998 the Principal of the College sent letter informing the petitioner that he was absent on medical ground till 3.4.1998 but thereafter neither he has joined nor sent any leave application which is unauthorised and, therefore, he should inform the reasons of his absence. The petitioner vide letter dated 13.8.1998 inform the Principal that due to the sad demise of his father, he has got highly upset and, therefore, not in a position to join the duty in near future, therefore, requested to gram leave without pay up to 30.6.1999 on personal ground. The Principal vide letter dated 27.8.1998 informed the petitioner that leave without pay cannot be sanctioned by the Principal but by the Management/Manager and, therefore, he may sent his application to the competent authority. Consequently, the petitioner sent a letter dated 1.9.1998 addressed to the Manager requesting him to grant leave without pay on personal ground up to 30.6.1999. Another application to the same effect sent by the petitioner on 30.7.1999 which was rejected by the Manager vide impugned order dated 10.8.1999. The petitioner further give a detailed representation dated Nil filed as Annexure-16 to the writ petition, which has been replied and rejected by the Manager vide letter dated 30.9.1999 (Annexure-18 to the writ petition) where against the present writ petition was filed.;