BIJOY GOPAL SUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner, a medical man, was appointed, on August 1, 1949, as an Assistant Health Officer of the Howrah Municipality, in charge of conservancy work. He had also to inspect, amongst other things, vaccination work, maternity work and other works.

(2.) IN or about May or June, 1953, the petitioner fell ill and his particular illness was a disease known as writers' cramp. Under medical advice he applied for leave for one month, commencing from July 3, 1953, which was granted. The petitioner did not get round during the period of his leave and under medical advice applied for an extension of the leave by two months. His application was again granted by the Municipality and he was allowed leave up to October 2, 1953. On October 3, 1953, the petitioner asked for permission to rejoin his duties, alleging that he was cured of his malady. He was asked by the municipality to submit himself for examination by the Civil Surgeon of Howrah. The Civil Surgeon, however, held a different opinion and did not certify that the petitioner was cured. Thereupon, the petitioner obtained another four months' leave, upto February 2, 1954, on medical grounds. After the expiry of the period of leave, the petitioner again asked for permission to rejoin Rind was again asked to submit himself for examination by the Civil Surgeon. The second health examination produced the following report from the Civil Surgeon:

(3.) ON receipt of the report the Health Officer, respondent No. 3, wrote to the petitioner the following letter, on March 30, 1954: