Exceptional circumstances required for leave beyond five years; unsupported medical certificates justified refusal to sanction the long absence.

Continuous leave beyond five years could be sanctioned only in exceptional circumstances under Rule 12 of the CCS (Leave) Rules, 1972. The employee did not comply with directions to resume duty and undergo medical examination, and the medical certificates relied on were found vague and unsupported by relevant records. As no exceptional circumstances were established before the authorities or the Court, the rejection of the leave request was held to rest on relevant considerations and not shown to be illegal. The challenge failed, and interference was declined.

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Issues: Whether leave for a continuous period exceeding five years could be sanctioned and treated as medical leave in the absence of exceptional circumstances, and whether the rejection of the leave representation called for interference.

Analysis: Rule 12 of the CCS (Leave) Rules, 1972 permits continuous leave beyond five years only when the President so determines in exceptional circumstances. The record showed that the petitioner had been asked to resume duty and to present himself for medical examination, but he did not comply. The medical certificates produced were found to be vague and unsupported by relevant records, and no exceptional circumstances were established before the authorities or the Court. On that material, the administrative decision rejecting the leave request was found to be based on relevant considerations and not shown to be illegal.

Conclusion: The refusal to sanction leave for the long continuous absence was upheld and no interference was warranted.

Final Conclusion: The challenge to the Tribunal's order failed, and the writ petition was dismissed.

Ratio Decidendi: Continuous leave beyond five years can be sanctioned only on a finding of exceptional circumstances, failing which the refusal to grant such leave is sustainable.

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