STATE OF U P Vs. I HUSAIN

JUDGEMENT

(1.) The instant writ petition has been preferred under Article 226 of the Constitution of India by the State of U.P. against the judgment and order dated 21.09.1995 passed by U.P. Public Services Tribunal, Lucknow in Claim Petition No.312/F/IV/1987.

(2.) The claimant-respondent was appointed as Overseer in Irrigation Department in the year 1965 on temporary basis and continued in service, at different places. On account of sudden serious illness on 01.03.1974 because of Cardiac ailment, he rushed for treatment hence could not apply for leave. He underwent treatment for a long period and reported for duty on 09.11.1975 with leave application along with medical certificate. However, no order was passed with regard to his posting. After receipt of the joining report of the petitioner, the Assistant Engineer directed the Block Development Officer vide his letter dated 14.05.1976 that claimant-respondent's joining report should not be accepted and no work should be given to him. Failing to resume duty, the claimant-respondent submitted a representation which seems to have been rejected and informed by order dated 21.01.1987. Thereafter, the claimant-respondent approached the Tribunal.

(3.) Before the Tribunal, the claimant-respondent set up a case that under compelling circumstances, he could not submit the leave application and while reporting for duty, he had also furnished medical certificate with regard to prolong treatment with the request that he should not be prevented to resume duty. Further defence set up by the claimant-respondent is that in spite of the fact that he has discharged as temporary overseer for more than 9 years, he was not communicated in writing with regard to termination of services. Everything was done orally preventing the claimant-respondent to resume duty. It has further been pleaded by the respondent-claimant that the termination of service, that too when the claimant-respondent has served for about nine years by oral instructions shall be hit by Article 14, read with Article 21 of the Constitution of India. The State has got no right to dispense with employees' services orally, as it shall be against the Constitutional mandate.