Court Dismisses Vijay Singh's Petition, Cites Doctrine of Appropriation and Reprobation
In a significant ruling, the Allahabad High Court at its Lucknow Bench dismissed a petition filed by Vijay Singh, a former government servant, challenging the denial of salary for periods of unauthorized absence despite being granted voluntary retirement. The Division Bench, comprising Justices Alok Mathur and Amitabh Kumar Rai, upheld the decision of the U.P. State Public Service Tribunal and the Executive Engineer, Irrigation, Firozabad, sanctioning leave without pay to regularize Singh's service for voluntary retirement.
The case revolved around Singh's unauthorized absence from duty from February 1, 2015, to February 28, 2015, and April 1, 2015, to January 29, 2016. Singh argued that this absence should not have been treated as leave without pay since no disciplinary proceedings were initiated against him. He sought to quash the orders sanctioning leave without pay and demanded salary for the said period.
The court meticulously examined the applicability of U.P. Fundamental Rules, particularly Rule 56(c) concerning voluntary retirement and Rules 73 and 85 regarding leave without pay and extraordinary leave. The Bench found that Singh's absence was not in continuation of sanctioned leave, thereby making Rule 73 inapplicable. Instead, the court noted that the leave was sanctioned under the purview of Rule 85, which allows for extraordinary leave in special circumstances.
The judgment emphasized that the petitioner cannot simultaneously claim the benefits of voluntary retirement while challenging the denial of salary for the period of unauthorized absence. Citing the doctrine of approbation and reprobation, the court stated that Singh cannot "blow hot and cold" by accepting the benefits of regularization for voluntary retirement and repudiating the denial of salary for unauthorized absence.
The court observed that had the leave not been sanctioned, it would have resulted in a break in service, leading to forfeiture of past service benefits, including voluntary retirement. The Bench refrained from imposing costs on Singh, considering his retirement in 2016, but underscored the abuse of legal process.
Bottom line:-
Government Servant - Unauthorized absence from duty - Leave without pay sanctioned to regularize service for voluntary retirement - Employee cannot claim salary for the period of unauthorized absence while availing the benefit of voluntary retirement.
Statutory provision(s): U.P. Fundamental Rules Rule 56(c), Rule 73, Rule 85; Doctrine of Appropriation and Reprobation
Vijay Singh v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2938952
