AMIRULLAH KHAN Vs. STATE OF UP

JUDGEMENT

(1.) THIS writ petition is directed against order of termination, dated 7 October 1994, whereby the petitioner has been terminated on the ground of continuous absent since 13 February 1987.

(2.) THE brief relevant facts as stated in the writ petition are that the petitioner was initially employed as unpaid apprentice overseer vide order, dated 5 March 1962 (Annexure 2 to the writ petition). He was thereafter engaged on temporary post and with effect from 1 April 1972 was confirmed on the post of Junior Engineer (Civil) Irrigation Department, U.P., Lucknow. A copy of the office memorandum, dated 7 February 1974, communicating the order of confirmation has been placed on record as Annexure 4 to the writ petition. It is further submitted that the petitioner fell ill some time in February, 1987 and had to go to Bombay for his treatment 6n account whereof he could not attend his duties. It is also claimed that he sent several applications, dated 10 April 1987, 2 December 1987, 15 January 1988, 21 November 1988 and 11 October 1989, seeking leave on medical ground. He also claimed that the Executive Engineer neither communicated rejection of leave applications or non -sanction of leave nor issued any other directions and all of sudden when the petitioner went to join his duties on 11 January 1996, he was handed over the impugned order of termination passed on 7 October 1994.

(3.) THE petitioner has also filed a rejoinder -affidavit wherein the averments made in the writ petition have been reiterated.