WP(C)/8167/2017 of THULESWAR BARUAH Vs THE STATE OF ASSAM and 2 ORS. on 22 December 2017

Heard Mr. A Sharif, learned counsel for the petitioner. Also heard Mr. TC Chutia, learned State counsel for all the respondents.

The petitioner, who is working as a Grade IV employee under the HandloomTraining Centre, Nellei in the district of Nagaon fell ill and he was in immediate need of medical treatment and due to his serious condition he was unable to attend his office for the period w.e.f. 01.04.2010 to 30.06.2010. Subsequently, he submitted an application for grant of earned leave w.e.f. 01.04.2010 to 30.06.2010 for his medical treatment. It is stated that he has been under constant medical treatment from 01.04.2010 to 30.06.2010, but as he had not fully recoveredduring the aforesaid leave period, he submitted another application for earned leave w.e.f. 01.07.2010 to 30.09.2010. Thereafter, the petitioner further submitted an application for earned leave from 01.10.2010 to 31.12.2010.

It is stated that the said application of the petitioner have been forwarded by the Superintendent Handloom and Textiles, Morigaon to Director Handloom and Textiles, Assam by the communication dated 22.02.2011.

The grievance of the writ petitioner is that inspite of such applications being forwarded to the Director of Handloom and Textiles, Assam, no consideration has been given thereto.

In the circumstances, the petitioner makes a limited prayer in this writpetition that the leave application submitted by him, which are annexed as Annexure-A(1), A(2), and A(3) to this writ petition be given due consideration by the Director of Handloom and Textiles, Assam and pass a speaking order thereon.

Mr. TC Chutia, learned State counsel does not object to such prayer of the petitioner.

In view of the above, this writ petition is disposed of directing the Director of Handloom and Textiles, Assam to consider the leave application of the petitioner, which are annexed as Annexure-A(1), A(2), and A(3) to this writ petition and were forwarded by the Superintendent, Handloom and Textiles, Morigaon by the communication dated 22.02.2011.

The Director of Handloom and Textiles, Assam shall give due consideration to the request made in the leave application and if required, after giving a personal hearing to the petitioner shall pass appropriate orders thereon.The order to be passed shall be communicated to the petitioner.

The aforesaid exercise be completed within a period of 3(three) months from the date of receipt of a certified copy of this order.

In terms of the above, this writ petition stands disposed of.