SHAMIM AHMAD KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Resting his case entirely on the negligence and default by the Government, the petitioner stands before this Court claiming his pension and other retiral dues. The facts giving rise to the petitioner's claim are very brief and can be put in no more than a few sentences. The petitioner, along with many others was appointed as temporary Assistant Engineer in Bihar Engineering Service Class II in Public Works Department by notification dated 8.6.1960. After working for a few years he applied for leave to go abroad for higher study. He was granted leave by Government order No. 4334, dated 10.3.1969 but that order has not been produced before the Court either by the petitioner or by the respondent authorities and therefore, the period of leave and the exact terms and conditions on which leave was allowed remains unknown.

(2.) He proceeded on 'Ex-India leave' from 1.7.1970 to 7.7.1972 on being relieved on 1.7.1990 vide memo No. 13901, dated 2.7.1970 issued by the Under Secretary to the Government (Annexure 4).

(3.) After the petitioner went abroad on leave for higher study his leave salary was received by his wife till May, 1971 and that was the last contact of any kind between the Government and the petitioner. He never came back to resume his duty.