DHARNANTBHAI LAKHMANBHAI SUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. With the consent of the parties, the matter is taken up for final hearing.

(2.) The facts in brief are as under:

(3.) From the communication dated 28.01.2012, it appears that the petitioner addressed a letter to the Superintendent-respondent no.4 that he was on leave from 11.10.2011 till 12.10.2011 and thereafter on sick leave upto 28.01.2012. A request was made that his leave be sanctioned. The request was reiterated in his letter dated 30.01.2012. An added request was made that the petitioner be communicated to resume his duties. The letter of 30.01.2012, a day before the petitioner was to retire was forwarded with valid documents like leave report, certificate of a doctor to suggest that the petitioner had validly remained on the leave for the period in question. More than three years after the suggested period, the Superintendent of the Community Health Center on 20.08.2015, addressed a letter to the petitioner saying that the petitioner had remained on unauthorized leave from 12.10.2011 even though several letters and phone calls were made to the petitioner. Since the petitioner was not reporting for duty, the administration of the Community Health Center was suffering.