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2025 DAILYLAW 15836 (UTT)

SADIK ALI v. VICE CHANCELLOR GOVIND BALLABH PANT UNIVERSITY

WPSS/1907/2025 · 2025-11-17

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10168 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 9 0 7 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. M.K. Ray, learned counsel for the petitioner. 2. Mr. S.S. Lingwal, learned counsel for the respondent-University. 3. Petitioner is serving as Implement Mechanic at the Farm, Haldi in Govind Ballabh Pant University of Agriculture and Technology, Pantnagar, District Udham Singh Nagar, since last more than 25 years. Petitioner suffered brain stroke in the month of December, 2024, due to which he is paralyzed to the extent of 75 percent. Since petitioner has not been sanctioned Medical Leave, for the period he remained under treatment, therefore, he has approached this Court seeking the following reliefs: - (i) Issue a writ order or direction in nature certiorari quashing the impugned order dated 25.08.2025, passed by Respondent No. 2/ Chief General Manager, Farm, Haldi, Govind Ballabh Pant University of Agriculture and Technology. (Annexure No. 7 to this writ petition). (ii) Issue a writ order or direction in the nature of mandamus directing the Respondent N o. 2 to sanction 153 days medical leave to the petitioner for the period of 07.12.2024 to 08.05.2025 and pay salary to the petitioner for the aforesaid period with all consequential benefits. 4. Mr. S.S. Lingwal, learned counsel for the University submits that petitioner has not submitted medical prescriptions given by the doctors attending on him, duly verified of the concerned Hospital, due to which it is not possible to sanction Medical Leave for the period petitioner applied. 2025:UHC:10168 5. Learned counsel for the petitioner, however, has drawn attention of this Court to a letter dated 25.08.2025, addressed to petitioner (annexure 7 to the writ petition). Para 2 of the said letter reveals that petitioner had submitted treatment slips to Chief General Manager (Farm) of the University. 6. Mr. S.S. Lingwal, learned counsel for the University submits that although petitioner had submitted treatment slips before the Chief General Manager (Farm), however, those treatment slips are not duly verified. He submits that once the treatment slips, duly verified by the concerned Hospital, are submitted by the petitioner then the University shall take decision on petitioner’s request for Medical Leave. 7. Having regard to the aforesaid facts and circumstances of the case, the writ petition is disposed of with a direction to Chief General Manager (Farm) / Competent Authority to return the entire Medical Papers, including treatment slips submitted by petitioner, to enable him to get them verified from the concerned Doctors/ Hospital, within one week from today. Petitioner shall be at liberty to re- submit the Medical Papers, including treatment slips, after getting them verified from the concerned doctors attending on him. The Competent Authority in the University is directed to take decision on petitioner’s application for Medical Leave within four weeks from the date of submission of Medical Papers/ treatment slips duly verified from the concerned hospital/ doctors. ( Man oj Ku m ar Tiw ar i, J) 17.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08 d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4 610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.17 05:02:39 -08'00' 2025:UHC:10168