B G SARASWAT Vs. ENGINEERS INDIA LIMITED

JUDGEMENT

(1.) Rule D.B. Both the parties have filed their detailed pleadings and have also Filed some documents in support of their respective cases. A short point is involved and we have heard the learned counsel for the parties and we are finally deciding this writ petition.

(2.) The petitioner was appointed as an Assistant Engineer with respondent No.1 (Engineers India Limited) since 14th December, 1983 and subsequently he was also promoted as Senior Engineer with effect from 1.7.1989.

(3.) While working with respondent No.1, the petitioner was appointed on deputation basis for a period of two years by State Trading Corporation of India (For Short STC) as Manager Electrical with effect from 13.6.1989. While working with STC he did not attend his duty with effect from 2.7.1990 and on 3.8.1990 he was relieved by that office and repatriated to his parent department, i.e" respondent No.1. He did not join duty even there and was posted by respondent No.l at their office at Gandhar. As he did not report for duty, vide letter dated 24.9.1990 he was required by respondent No.l to join duty by 15.10.1990 and he was also required to tender his explanation for his unauthorised absence. It was also notified to him that if he failed to report for duty by that date his name would be struck off from their Rolls. No reply was received by respondent No.1 from the petitioner and vide their letter dated 30.11.1990 he was informed that the name of the petitioner was struck off the rolls of respondent No.1 as he was deemed to have voluntarily abandoned their service.