STATE OF UTTARANCHAL Vs. VIJENDRAMANI NAUTIYAL

JUDGEMENT

(1.) Respondent no. 1 filed Claim Petition No. 184/T/2002 before the Public Services Tribunal, Uttaranchal at Dehradun impugning the orders dated 8.2.1994 and 19.8.1998. By the aforesaid impugned orders dated 8.2.1994 and 19.8.1998, respondent no. 1 was denied the right to resume his duties after he had absented himself for a period of 442 days.

(2.) The Public Services Tribunal, Uttaranchal at Dehradun allowed Claim Petition No. 184/T/2002 by an order dated 29.5.2003. In allowing the aforesaid Claim Petition, the impugned orders dated 8.2.1994 and 19.8.1998 were set aside. The petitioners were directed to reinstate respondent no. 1. In addition thereto, the petitioners were directed to sanction leave to respondent no. 1 as per the rules.

(3.) During the course of hearing, it is not disputed at the hands of the learned counsel for the petitioners, that respondent no. 1 was mentally disturbed, and as such, had been taking treatment at the District Hospital, the Mental Hospital and the Medical College. Having acknowledged that respondent no. 1 was not deliberately absent from duty, learned counsel for the petitioners does not press the finding recorded by the Public Services Tribunal, Uttaranchal at Dehradun, insofar as the reinstatement of respondent no. 1 is concerned.