MOHD VAKIL KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present writ petition has been filed for quashing the orders-dated 31.3,1998 and 31.3.1998 (Annexures 9 and 10 to the writ petition) passed by the respondent No. 2 and 3. Further issuing a writ in the nature of mandamus commanding the respondents to reinstate the petitioner on the post on which he was working and treat him to be a regular employee on the post on which he was appointed.

(2.) The facts arising out of the present writ petition are that the petitioner was appointed on the post of pharmacist on 17.5.1976. From 17.5.1976 to 20.1.1986, the petitioner was working on the same post at same place that is Ram Nahar (Urua) and Karchana, Allahabad. The petitioner was transferred from Allahabad to Farrukhabad by order of the Joint Director, Allahabad Region, Allahabad, dated 24/25.6.1984 but the petitioner was relieved from Women Hospital, Karchana on 20.1.1986, The petitioner joined the duties under Chief Medical Officer Farrukhabad on 22.1.1986. Thereafter the petitioner was posted at Primary Health Centre Kayamganj on 23,1.1986. On 24.1.1986, the petitioner after giving leave application returned to his house. Thereafter, due to unavoidable circumstances, and illness he could not return on duty up to 19.5,1994, as such, the petitioner on 20.5.1994 reached Farrukhabad before the Chief Medical Officer, Farrukhabad and had given an application for joining.

(3.) It is relevant to submit here that the petitioner is all alone with his old father, mother and wife. The petitioner due to illness after giving application on 24.1.1986 return to his house and thereafter due to his own illness, father and mother's illness up to 19,5.1994, he could not resume his duties, but the petitioner has informed to the respondents regarding his illness and difficulties and has given leave applications and medical certificates. The petitioner has given by hand and by post leave applications dated 24.1.1986, 6.4.1986, 15.8.1986, 3.12.1986, 8.2.1987, 27.7.1988, 13.9.1989, 19.10.1990, 21.8.1992, 23.5.1992 and 3.12.92 respectively. The same has been annexed as Annexure 1 to the writ petition. It has been stated on behalf of the petitioner that due to natural calamities like illness, the petitioner was not in a position to do his duties properly and it was beyond his control. An information to that effect was being given to the respondents. The petitioner on 20.5.1994 reached before the respondent No. 3 and gave his joining application but the respondent No. 3 has not permitted to the petitioner to join. The respondent No. 3 sent an official letter dated 21.5.1994 to the respondent No. 2 for taking permission regarding joining the duties, but the respondent No. 3 has wrongly stated in his letter dated 21.5.1994 that the petitioner was absent from duty without any information. The respondent No. 2 sent a letter dated 4.8,1994 to the respondent No.3 for obtaining an information regarding the cause of absence of the petitioner from duty. The petitioner after receiving the letter dated 4.8.1994 has explained all the reasons for his absence and has given an affidavit in this regard to the fact that he has not done any duty at any place and he has not gone at any place in India or outside India and absence from duty was only due to illness and proper information to that effect has been given timely to the respondents. The petitioner made representation in the office of the respondent No. 2 but the same remained unattended then the petitioner has filed a Writ petition before this Court which was numbered as Writ Petition No. 26450 of 1997. The writ petition was finally disposed of on 21.8.1997 directing the respondent No. 2 to dispose of the representation of the petitioner within a period of six weeks. On the basis of the direction issued by this Court, the representation of the petitioner was disposed of on 31.3.1998 and in pursuance of the order, an order on the same day was passed itself by which the petitioner's services have been terminated. A copy of the same has been filed as Annexures 9 and 10 to the writ petition.