STATE OF MADHYA PRADESH Vs. APOORVA SARKAR

JUDGEMENT

(1.) Heard on IA No.1784/2017, which is an application for condonation of delay as well as on the question of admission.

(2.) The case of the respondent comes before the Writ Court was that in the year 1994 he has developed a disease known as Organic Psychosis and he was under treatment of Dr. Ujjawal Sardesai, therefore, he was not able to work and he has informed the Department vide letter dated 21.05.1994. He continued under the treatment of various Neuirologist and in the year 2005 he suffered with a paralytic stroke and the entire right portion of his body was paralysed and thereafter with great care and after proper treatment, he became fit to perform his duty and a Certificate was issued by consultant Neurologist on 03.06.2015. On 08.05.2015, respondent submitted his joining, however, he was not permitted to join and his application was rejected by order dated 04.03.2016 that on account of his prolonged absence, he cannot be permitted to join. This was impugned in the Writ Petition filed by the respondent.

(3.) Considering the fact that no action has been taken against the appellant, now, he was terminated from the service and therefore learned Writ Court allowed the Writ Petition by quashing the order and directed the appellant to accept the joining of the respondent forthwith. A liberty was also granted to the appellant that they shall be free to pass appropriate order keeping in view the M.P. Leave Rules, 1977.