AVTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner seeks a writ of mandamus for directing the respondent-authorities under the Irrigation Department, State of Punjab, to accept his joining report dated 17.07.2012 (Annexure P- 12) on the post of Assistant Revenue Clerk. Further prayer is for the period from 01.02.2004 to 17.07.2012 to be treated as leave of the kind due.

(2.) Counsel representing the petitioner submits that on account of certain compelling family circumstances beyond the control of the petitioner, he had not reported for duty w.e.f. 01.02.2004. Rather a resignation letter dated 01.02.2004 (Annexure P-1) had been forwarded. As no final decision had been taken and neither was any disciplinary action initiated, petitioner was vested with a right to join back on duty. Counsel argues that the petitioner is ready and willing to face any disciplinary action that may be contemplated by the employer on account of absence from duty from 01.02.2004 till 17.07.2012.

(3.) Per contra, learned State counsel had opposed the prayer in the petition by stating that the petitioner has virtually abandoned service. During the course of hearing, even a copy of the notice published in The Times of India dated 27.04.2005 was produced and the same was taken on record at Mark 'A'. Copy was also furnished to Mr. D.R. Sharma, counsel representing the petitioner. State counsel contends that in spite of the public notice having been issued way back in the year 2005, petitioner had chosen not to report back on duty and under such circumstances, the petitioner does not deserve any indulgence.