H.C. RINMUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) IN this proceeding, the petitioner has prayed for a direction requiring the respondents to grant him all the services benefits like, seniority, increments of pay and arrears of pay etc. pertaining to the period when he remained absent from service on setting aside/quashing, (i) the letter No.C.18015/2/2009 -DHSE dated 13 -04 -2012 along with (a) letter No.C.18012/28/07 -HFW/Vol.II/236 -238 dated 03 -04 -2012, (b) I.D. No. GSW 16/2012/2680 dated 27 -03 -2012 and (c) I.D. No.LJC -30/2012/29 dated 13 -03 -2012.

(2.) THE facts necessary for disposal of this present proceeding, in short, are that on the recommendation of the Departmental Promotion Committee, the petitioner was appointed to the post of Grade -IV in the Office of the Civil Surgeon, Chhimtuipui District, Saiha by the then Civil Surgeon Chhimtuipui District, Saiha vide his order dated 08 -08 -1988. On being so appointed, he was posted at Cheural. While he was working in the aforesaid Office, he was granted leave for 45 days w.e.f. 01 -01 -1991 to 14 -02 -1991 vide Office order dated 02 -01 -1991.

(3.) ON coming to know all these, the petitioner submitted a representation demanding his reinstatement. The respondents processed the representation and they finally informed him vide letter dated 21 -03 -2007 that he could not be reinstated since he was terminated from service w.e.f. 01 -02 -1991 and since he sought reinstatement after a very long gap.