STATE OF HARYANA Vs. S K SINGHAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, State of Haryana, has filed this appeal against the Judgment of the High Court of Punjab and Haryana in C. W. P. No. 675 of 1996 dated 12-9-1997. By that Judgment, the High Court allowed the writ petition filed by the respondent and quashed the order dated 13-12-95 of the Civil Surgeon. The Civil Surgeon in his order stated that the respondent-writ petitioner could not be deemed to have retired voluntarily w.e.f. 16-11-95 pursuant to his notice dated 16-8-1995. The respondent had claimed that by virtue of the proviso to sub-clause (2) of R. 5.32 B of the Punjab Civil Service Rules (Vol. II), he must be deemed to have retired on the expiry of three months of notice issued after completion of 20 years' qualifying service.

(3.) The facts of the case are as follows. The respondent joined service on 4-6-1975. While he was working as Medical Officer, Civil Hospital, Kaithal, the respondent was transferred on 8-8-1995 as Medical Officer, Primary Health Centre, Kharak Ramji, District Jind. The respondent joined at Jind on 16-8-1995 and on the same date (i.e. 16-8-1995), he issued a notice seeking voluntary retirement, and the latter was addressed to the Commissioner and Secretary, Health Department, Haryana, Chandigarh. He sent an advance copy to the Commissioner and Secretary and presented the application to his departmental head, Civil Surgeon, Jind. There was no response from the concerned authorities till 16-11-1995. Government stated in its counter filed in the High Court that the respondent was not allowed to retire w.e.f. 16-11-95 "as he was absent from duty and he did not perform his duties during the period of 3 months notice". Long after the expiry of 3 months on 16-11-1995, a telegram was sent on 5-12-95 asking the respondent to join duty. It was the case of the respondent that his retirement was automatic on expiry of 3 months and that in any event, there was no truth in the allegation that he did not perform his duties in those 3 months. He pointed out that he wrote in the movement register on 1-9-95 at 11 a.m. that he was going to meet the Senior Medical Officer (SMO) incharge of Primary Health Centre, Kharak Ramji, Dr. Khazan Singh and had placed a copy of the station leave in the Movement Register, that he took the second copy with himself to seek permission, but at Jind, Dr. Khazan Singh was not available because on that day, the Government had declared 1st and 2nd September, 1995 as holidays on account of the assassination of the Chief Minister, Sri Beant Singh. On 4-9-95, the respondent had to give evidence in the Kaithal Court. (He had started from Kaithal on 1-9-95 itself). Thereafter, he had to give evidence in another Court on 6-9-95 and he could not go to Kharak Ramji to meet the SMO. Unfortunately, on 5-10-95, there were floods and the roads reaching to Jind were blocked. He sent a letter dated 7-9-95 to the Civil Surgeon, Jind from Kaithal informing him that due to floods he was unable to report at his head quarters and that he would be able to do so only after the floods receded and transport services were restored. The respondent obtained certificates from the Courts regarding his attendance at those Courts. He met the SMO and requested that his salary bill could be forwarded. The SMO said that the respondent could not join without permission of the Director and without explaining his absence to the Civil Surgeon. These facts were put on record in a separate letter dated 6-10-95 from Kaithal to the Director seeking permission to join duty at PHC, Kharak Ramji. He had to stay at Kaithal from 7 to 10th due to floods, then he attended Court at Kaithal from 11 to 14th September, 1995, continued to stay at Kaithal due to floods from 15 to 17th Sept. 1995, attended Court there from 18 to 22nd September, 1995. Then 23rd to 25th were Gazetted holidays (24th was Sunday). The floods continued and there was no transport. He attended Court again from 27th to 29th September and had to stay at Kaithal on 30-9-95 due to floods. 1st October was a Sunday, 2nd and 3rd October were gazetted holidays. Respondent approached the SMO Kharak Ramji on 3-10-95 evening. The latter asked the respondent to see the Civil Surgeon, Jind. The respondent gave a letter on 4-10-95 (duly forwarded by the SMO) narrating the above facts and soliciting permission to join duty w.e.f. 4-10-95 and seeking salary from September, 1995. The Civil Surgeon addressed a letter to the Director on 4-10-95 seeking the latter's approval for the respondent joining. The respondent sent a further letter to the Director on 6-10-95 giving the above facts and sought permission to join. No reply was received. Respondent attended the Criminal Court on 6-10-95, 12-10-95, 14-10-95, 18-10-95 to 20-10-95, 27-10-95, 30-10-95, 9-11-95, 14-11-95, 21-11-95 and 23-11-95 for giving evidence as certified by the Court. For the first time he received a letter dated 16-11-95 from the Civil Surgeon, Jind that the respondent should join after approval by the Director. According to the respondent, in view of the above facts, the allegation that he was not on duty after 16-8-95 was not correct. No letter was received from the Commissioner and Secretary to Government before 16-11-1995.