(1.) Will continued absence from duty of a Government employee for a period of almost seven years, without leave having been applied for or granted, automatically terminate the service of such a Government employee is the moot question, which this writ petition has raised for consideration of this Court.
(2.) By making this application under Article 226 of the Constitution of India, the petitioner has approached this Court seeking issuance of writ(s) commanding the respondents to allow the petitioner to resume his duties as Field Investigator in the Directorate of Economics & Statistics, Govt. of Arunachal Pradesh, ltanagar, and treat the period of absence of the petitioner from duty with effect from 25.10.89 till the date of his resumption of duty on medical leave.
(3.) In a nutshell, petitioner's case may be narrated as follows: The petitioner, who was initially working as a Village Field Asstt under the Veterinary Department. Govt. of Arunachal Pradesh, was appointed as a Field Investigator under the Directorate of Economics and Statistics on 13.7.79. While serving in the office of the District Statistical Officer, District Papumpare, the petitioner fell seriously ill. On 20.05.89, the petitioner applied for leave and, on medical examination, he was found to have been suffering from Pulmonary Tuberculosis. The petitioner applied for extension of leave on medical ground on 22.05.89. The petitioner received treatment for his ailment at Kolkata and thereafter, the petitioner remained under treatment at North Lakhimpur from 26.06.89 to 10.01.93. The petitioner remained under treatment at District General Hospital, Zero, from 10.01.93 to 06.04.93. On being cured of his ailments, the petitioner submitted, on 08.04.96, joining report to the District Statistical Officer, Papumpare. but on the direction given by the respondent No.2, vide his letter, dated 29.05.96 (Annexure-F to the writ petition) that the petitioner's joining report shall not be accepted since his right to continue in service had lapsed due to unauthorized absence, the petitioner was not allowed to rejoin his duty. The petitioner has accordingly approached this Court seeking the relief(s) as have been indicated hereinabove.