NANDI BISHT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State of Uttar Pradesh and the learned Standing Counsel for the State of Uttarakhand.

(2.) This Writ Petition has been filed by the widow of one Sri Bhim Singh Bisht who was an employee in the Health Department in the erstwhile State of Uttar Pradesh. Sri Bhim Singh Bisht (the husband of the petitioner), while he was working as a vaccinator in the Health Department was transferred from Primary Health Centre, Takula to Primary Health Centre, Lamgara. The husband of the petitioner joined the duties at Lamgara on 2.7.1979. According to the petitioner, her husband went on medical leave with effect from 4.8.1981 and thereafter reported back for duties on 6.10.1981 which was in fact rejected.

(3.) In the counter affidavit the respondents state that the husband of the petitioner was absent from his duties since 5.8.1981 and therefore under the provisions of Rule 18 of the Uttar Pradesh Fundamental Rules, as it existed at the relevant time, the husband of the petitioner ceased to be a Government employee. Rule 18 of the Uttar Pradesh Fundamental Rules reads as follows :-