SANJAY JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra-court appeal assails the order dated 10/02/2021 passed in WP No.2250/2021 whereby writ petition filed by appellant was dismissed by holding that as per Clause-22 of the Contract, his services are deemed to have been terminated because he remained absent for a period of one month.

(2.) The appellant was appointed as Sub-Engineer by order dated 11/10/2006. The appellant was transferred by order dated 28/07/2016 from Janpad Panchayat - Nalchha to Janpad Panchayat - Tirala. The case of petitioner is that despite his entitlement and directions of higher authorities, the salary of appellant was stopped on the ground that his name is not reflected in the relevant departmental portal. The appellant being aggrieved with this served a legal notice, approached the authorities from pillar to post including the Human Rights Commission, but when such efforts could not fetch any result, filed WP No.2250/2021.

(3.) The appellant called in question the legality, validity and propriety of the order dated 03/09/2019 (Annexure P/1) whereby in reply to the legal notice sent by the appellant, the Department informed him that since appellant has tendered resignation, the question of taking work from him and payment of salary does not arise. The specific case of petitioner before the Writ Court was that i) petitioner has never tendered resignation, ii) there was no willful absence on the part of appellant. Indeed, the Department is not permitting him to work and consequently not paying him salary.