LAWS(UTN)-2021-12-221

PRAMOD KUMAR JOSHI Vs. STATE OF UTTARAKHAND

Decided On December 27, 2021
Pramod Kumar Joshi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Shobhit Saharia, learned counsel for the appellant and Mr. B.P.S.Mer, learned Standing Counsel for the State.

(2.) In this case, the appellant being the petitioner in WP(S/S) No. 1988 of 2013 has assailed the final order passed by the learned Single Judge on 25/7/2014 dismissing the writ application for quashing the order dtd. 7/2/2019 on the provisions of the Uttaranchal Temporary Government Servant (Termination of Service) Rule, 2003.

(3.) The petitioner was appointed as a Forester in the Forest Department in the year 1994. As per the petitioner, he was a permanent employee. Thereafter, he remained absent from the duties for a period of more than ten years between 2000 to 2012, but latter on, he tried to give his joining report to the Authorities, but it was not accepted. The petitioner submitted that he did not joint duties for 10 yeas as he was suffering from "Schizophrenia" and was being treated. However, it is taken note of by the learned Single Judge that there is noting on record to show that during the period of the ten years any effort was made either by the petitioner or on his behalf by this family members to apprise the Department that the petitioner was suffering from "Schizophrenia". Suddenly, after ten years, the petitioner claims that he was disable due to "Schizophrenia" and therefore, claimed that the Forest Department must give him to join.