VAJUBHAI BAKORBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed challenging action of the respondents in terminating the services of the petitioner for his long unauthorized absence.

(2.) Facts, in brief, are as under: The petitioner joined service in the office of respondent no.2, on the post of Beat Guard Officer, Forest Department, Rajpipla, on 11/1/1975. It is the case of the petitioner that the said appointment was pursuant to the regular process of selection. In the year 1984, the petitioner suddenly got ill and hence he could not remain present on duty. On account of his sudden illness, he could not inform the Range Forest Officer for his absenteeism. Therefore, he made representation dtd. 30/9/2009, with Medical Certificate to justify his illness with request to join the duty. As no response has been received by the petitioner, this petition is filed.

(3.) Heard learned advocate Ms.Palak Dalal for the petitioner. She submitted that the petitioner could not remain present on duty on account of his illness. Referring to the Medical Certificate, she submitted that the petitioner was suffering from mental illness and therefore, he was not in position to attend the duty. She submitted that as the petitioner had worked sincerely from the date of his joining till his absenteeism, he may be taken back in the services. She therefore, submitted that the petition may be allowed and the respondent may be directed to take the petitioner back in service. In the alternative, she prayed that let the authority be directed to decide his representation.