LAWS(MPH)-2012-8-465

RAJ KISHOR MISHRA Vs. STATE OF M P

Decided On August 30, 2012
Raj Kishor Mishra Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 29.12.2005 by which the respondent authorities have rejected the petitioner's application seeking permission to join his post of Camp Attendant.

(2.) The brief facts, leading to the filing of the present petition, are that the petitioner was engaged on Collector Rate as a Work Charged Contingency Pail Employee on compassionate ground on the death of his father and was asked to discharge the duty of Camp Attendant by order dated 16.5.1997. The petitioner remained absent from 1.7.1998 and thereafter reappeared to join duties on 7.10.2004 and filed an application seeking permission to rejoin duties, which has been rejected by order dated 29.12.2005, being aggrieved by which the petitioner has filed the present petition.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner was given appointment on compassionate ground but on account of the fact that he fell ill and sick, he could not perform his duties w.e.f. 1.7.1998. It is stated that the petitioner had filed an application through his mother seeking leave on medical grounds on 1.7.1998 and, thereafter, he submitted all medical certificates including the certificate of the medical board to the effect that he had been suffering from "mental disturb" for the period from 1.7.1998 to 6.10.2004 and sought rejoining of services which has wrongly been refused and rejected by the impugned order dated 29.12.2005. It is submitted that the respondents be directed to permit him to rejoin services as there was bonafide and justified reasons for not performing his duties for a period of six years moreso on account of the fact that he is a permanent employee of the respondents.