SUKHVINDER Vs. STATE OF H.P.

JUDGEMENT

(1.) The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunal Act, 1985 and the applicant has sought mainly for the following reliefs: - (a) Quash the impugned action whereby the respondents have not paid the salary of the applicant w.e.f. July, 2002 till date to the applicant being arbitrary, malafide and illegal. (b) Director the respondents release the arrears of salary of the applicant w.e.f. July 2003 and interest thereon @ 18% pa from the date of amount falling due till the date of realisation with all -consequential benefits; (c) Direct the respondents to produce all the relevant documents alongwith their reply for perusal by this Tribunal; (d) Allow the cost of this O.A."

(2.) Reply has been filed by the respondents State. It is admitted by the respondents State in their reply that the present Original Application preferred by the applicant has no locus standi as the applicant remained surplus in Govt. Sr. Secondary School, Parwanoo for the period in question. The applicant as per instructions of Govt. is required to apply for the leave of kind due, in view of the instructions issued by the Govt. Therefore, the present Original Application is liable to be dismissed.

(3.) One Smt. Sonia Kala has moved OA No. 1401/2002 which was ultimately dismissed by this Tribunal on October 21, 2003 and the interim order was vacated. Record has been produced by the respondents State which shows that the applicant was on duty w.e.f. 12.7.2002 to October, 2003 Meaning thereby the applicant was performed duty in the School continuously. The learned counsel for the applicant has cited case law 2005 (1) HLJ 257 vide which it has been observed that: "In denying the salary for the period for which he has been regularly working and directing him to apply for leave or the kind due would amount to violation of principle of natural justice. The application of natural justice become presumptive unless found excluded by express words of statutes or necessary intendment. Reliance in this regard is placed on Mangi Lal vs. State of U.P. 2004 (2) SCC 47. It is well settled that doctrine developed in the administration law field to endeavor rule of law and to prevent failure of justice. Object of the doctrine of natural justice is not only to secure justice but to prevent miscourage of justice.