M MEERAN MOHIDEEN Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The claim of the writ petitioner is that he was found fit for promotion to the post of JE Electrical Grade-II, in the panel of the year 1995. However, his case was not considered, even after his joining in the post of Technical Assistant after returning from Saudi Arabia in the year 1998.

(2.) The writ petitioner was initially appointed as Technical Assistant Grade-I on 26.09.1986. The next promotion to the writ petitioner is to the post of Junior Engineer Electrical Grade-II. The name of the writ petitioner was considered in accordance with the seniority in the panel of the year 1995 and accordingly, his name was included in the panel. However, the petitioner applied for an Extraordinary leave from 10.12.1993 to 09.12.1994, for a period of one year initially and thereafter continued his leave without any permission.

(3.) It is brought to the notice of this Court that the writ petitioner overstayed in Saudi Arabia for the purpose of continuing his employment at Saudi Arabia. The petitioner returned back to India during the year 1998 and joined in the post of Technical Assistant on 28.12.1998. On account of his overstay and the unauthorised absence, the respondents had initiated departmental disciplinary proceedings and framed the charges. Pursuant to the charge memo, domestic enquiry had been conducted and the writ petitioner was imposed with the punishment of stoppage of increment for one year, with cumulative effect.