Neutral Citation No. - 2025:AHC:108683 Court No. - 5 Case :- WRIT - A No. - 5948 of 2025 Petitioner :- Shiv Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble Saurabh Shyam Shamshery,J. 1. Sri Ajay Kumar Srivastava, learned counsel for petitioner submits that petitioner has come up with a case that while working at respondent U.P.S.R.T.C., he suffered with an illness and became permanent disable to the extent of 48% which was a reason that he was not able to join office from March, 2023 to July, 2023. Thereafter, for first time, he submitted an application that he may be provided an alternative post. 2. It is further case of petitioner that despite aforesaid application, petitioner was allowed to join only on strength of order passed by this Court in earlier round of litigation and admittedly, he joined on 01.04.2024 and thereafter he is getting regular salary and is working also. 3. The petitioner is aggrieved that salary for period from March, 2023 to March, 2024 is still not paid and he refers judgment of coordinate Bench in Ravi Shankar Dubey vs. UPSRTC, Writ A No. 38185/2015 decided on 17.09.2015. 4. Sri Ayush Mishra, learned counsel for respondents submits that petitioner has not made any application between March, 2023 and July, 2023. The petitioner is guilty of his own conduct. He has not submitted any application that he was suffered from disease at earliest point of time and has submitted application in proper format. Later on, in the month of February, 2024 and as soon as formalities were completed in terms of relevant Circulars, he was directed to join i.e. within a period of one month. 5. Learned counsel for respondents further submits that in case petitioner submits a proper application for extraordinary relief or medical relief, as the case may be for the period as referred above, it will be considered in accordance with law as well as in terms of relevant provisions and Circulars and on basis of outcome of it, question of salary will be determined for aforesaid period. 6. I have considered above submissions and found that petitioner was not diligent to submit his application for leave during the period he remained absent and has submitted belatedly. He has submitted proper application only in month of February, 2024 which was considered and he was directed to join within a very short period. 7. So far as reliance placed on Ravi Shankar Dubey (supra) is concerned, its benefit has already been given since case of petitioner was considered by Medical Board and on basis of its report, petitioner was found fit and he was allowed to join. Said judgment does not direct that in absence of proper application, salary could be paid. 8. In aforesaid circumstances, this writ petition is disposed of with an observation that in case petitioner files proper application for leave for aforesaid period within 2 weeks from today, it will be considered by concerned respondents in accordance with law after taking a sympathetic view that petitioner has suffered with 48% permanent disability. 9. So far as reliance placed by learned counsel for petitioner upon an order of this Court in Chandresh Chandra vs. State of U.P. and others, Writ A No. 27469 of 2015 decided on 14.05.2015 is concerned, petitioner is at liberty to place a copy of it along with proper application. Order Date :- 9.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad