AB. RASHID SHEERWANI (DR.) Vs. STATE

JUDGEMENT

(1.) Quashment of the Government order No. 367-HME of 1996 dated 24.5.1996 is sought. In terms whereof services of the Petitioner have been terminated with effect from 10.8.1984 by having recourse to the provisions of Article 128 of the J&K CSR. Furthermore letter No. MDA-565/68-A-127 dated 12.3.1997 and communication dated 29.5.1997, in terms whereof request of the Petitioner for being permitted to join duties has been declined, are also sought to be quashed.

(2.) The factual matrix giving rise to the instant lis is that the Petitioner was appointed as Assistant Surgeon substantively from 15.3.1968, later on he has also completed the post-graduation so has worked in different capacities at different places. After obtaining No Objection Certificate, the Petitioner is stated to have proceeded abroad with effect from 30.4.1977 for a period of two years. On expiry continued to be abroad after 30.4.1979 i.e. the time of expiry of two years. Subsequently on 13.3.1982 he seems to have requested for extension of no objection, same has been allowed. In this behalf communication dated 10.8.1982 placed on record is quoted as under:

(3.) The Petitioner did not choose to return or to join the services till 1996, means after a gap of more than a decade of absence, in the year 1996 he moved an application for being permitted to join the services. Same was not allowed and was communicated accordingly in terms of the letter and communication dated 12.3.1997 and 29.5.1997 as the services of the Petitioner were terminated vide Government order No. 367-HME of 1996 dated 24.5.1996 for having remained unauthorisedly absent.