A.P. POLLUTION CONTROL BOARD Vs. R.VENKATESHWARLU

JUDGEMENT

(1.) THESE two writ appeals are filed against the order, dated 20.01.2014, passed by a learned Single Judge in W.P.No.25040 of 2002. For the sake of convenience, the parties herein are referred to as arrayed in the writ petition. The petitioner was employed as Analyst Grade -II in the 1st respondent Andhra Pradesh Pollution Control Board (for short the respondent), on 01.01.1977. Thereafter, he was promoted as Junior Scientific Officer, on 14.06.1986 and was transferred to Visakhapatnam. The petitioner applied for leave for 18 months through an application, dated 19.09.1986. He stated that he got an offer of assignment in a Power Plant in the United States of America (USA) and that it is helpful not only to himself, but also to the respondent. However, within four days, i.e. 23.09.1986, he has withdrawn the leave application. Even before any order was passed either on his application or on the withdrawal letter, he proceeded to USA and remained absent from 21.09.1986 onwards.

(2.) THE petitioner returned from USA in the year 1989 and submitted an application to the respondent, with a request to take him into service. He was informed that an order, dated 19.01.1988 was passed by the respondent terminating his services with effect from 21.09.1986. Challenging the same, the petitioner filed the writ petition. He pleaded that the order of termination was passed without initiating disciplinary proceedings, nor any notice was issued. The writ petition was opposed by the respondent by filing a counter -affidavit. It was stated that the petitioner has abandoned the service and did not turn up for years together, in spite of repeated notices being issued. It was stated that when the whereabouts of the petitioner were not known, the notices, requiring him to join duty with a threat of disciplinary action, were issued by publishing in the newspapers and even that did not yield any result. They pleaded that ultimately, the order of termination of service was passed in accordance with the relevant provisions of law.

(3.) LEARNED Single Judge allowed the writ petition, in a way, setting aside the order of termination. Since the petitioner has attained the age of superannuation, it was directed that he shall not be entitled to be paid any wages till the date of his retirement and the period between the date on which he proceeded to USA, till the date of retirement, be treated as dies -non. It was directed that the petitioner shall be entitled to be paid retirement benefits, as if he has retired from service in the regular course. While the respondent filed W.A.(SR) No.92190 of 2014, the writ petitioner filed W.A.No.640 of 2014. Heard Sri S.M.Subhan, learned counsel for the petitioner, and Sri G.Madhusudhan Reddy, learned counsel for the respondent. The petitioner was occupying a fairly senior position in the respondent -organisation, by 1986. In case he wanted to go to a foreign country on assignment or otherwise, he was under obligation to apply for leave and to proceed to the place, on being sanctioned the leave. It is only when an extraordinary situation exists, that an employee can proceed on casual or medical leave, that too, for very limited period, before the leave is sanctioned. The typical feature of case on hand is that, on the one hand, the petitioner applied for leave for 18 months on 19.09.1986, and on the other, within four days, he has withdrawn the leave application. Virtually, there was nothing for the respondent to act upon. The self -contradictory act on the part of the petitioner is evident from the fact that even after withdrawing the leave application and though there did not exist any sanctioned leave, he made a semblance of request for extension of leave. This only shows lack of regard, to discipline, on the part of the petitioner. The Board has several important functions to discharge. It has almost skeletal staff. Absence of one official, that too, occupying an important position, would render the functioning of the organisation very difficult, and sometimes, dismal.