ASHOK MAHAJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Sec. 2 (1) of Madhya Pradesh Uchcha Nyalayaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 has been preferred by the appellant (writ petitioner in Writ Petition No.7885/2020) against the order passed by the Writ Court in Writ Petition No.7885/2020 on 12/1/2021 (Annexure A/1) whereby the writ petition filed under Article 226 of the Constitution of India has been disposed of with a liberty to the appellant to approach the Appellate Authority.

(2.) In brief, the facts of the case are that the appellant / writ petitioner was posted as Sub Engineer (Contract) since last around ten years at Sondhwa, District Alirajpur (MP). Admittedly, the appointment of the petitioner was contractual in nature, which was executed by the parties on 14/10/2010 and after three years of his services in District Barwani, he was transferred from District Barwani to District Alirajpur in the year 2013; and since then, he was discharging his duties in Alirajpur. As the petitioner's work was found to be satisfactory, his contract was also extended from time to time.

(3.) The case of the petitioner is that due to some labour problem, he was required to take off from the duty and did not join from 1/3/2020 to 15/3/2020 regarding which information was also given to the Authorities and thereafter from 25/3/2020, he was unable to join his duties, on account of Lock Down in the country. On 12/5/2020, the impugned order dtd. 12/5/2020 was served on the petitioner that his services have been terminated on account of his absence from work without obtaining leave from the Competent Authority.