AMAR SINGH Vs. THE STATE OF HIMACHAL PRADESH THROUGH THE COMMISSIONER-CUM-SECRETARY (S.A.D.) TO THE GOVERNMENT OF H.P.WITH HEADQUARTERS AT SHIMLA

JUDGEMENT

(1.) THE petitioner who was initially appointed as Frash was promoted as Peon in 1981. According to him he fell ill in January 1985 and after recovering from his disease, in November 1998 he gave his joining report on 10.11.1998. Respondents refused to accept his joining report. Hence petitioner has prayed that he be reinstated in service with all incidental benefits.

(2.) THE respondents have opposed the petition on the ground that during the period of his probation of two years, petitioner abandoned the service w.e.f. 8.1.1985. Neither did the petitioner complete the period of probation nor did he inform about his whereabouts till 10.11.1998, when after a period of 13 years 10 months and 3 days, he gave his joining report by placing his medical certificate issued by a private practitioner with regard to his illness. The petitioner voluntarily abandoned the job hence he is not entitled for reinstatement.

(3.) THE Apex Court in Jaipur Development Authority versus Ramsahai and another, (2006) 11 SCC 684 while dealing with the case of a daily wager who used to habitually absent from duty held that it was not necessary to initiate departmental proceedings against him for his absence from duty.