ZAHOOR HUSSAIN ZARGAR Vs. STATE

JUDGEMENT

(1.) The appellant-Zahoor Hussain Zargar, working as Assistant Engineer (Mechanical) in the Public Works Department of the State Government, was granted two years Extra Ordinary Leave with effect from 25.05.81 to 24.05.83. He, however, did not join duty on expiry of the period of Leave. He submitted his Joining Report on 09.06.92, i.e., after a period of more than nine years. The respondents did not accept the Joining Report, aggrieved whereby, he approached this Court by his Writ Petition SWP No. 1138/93. A learned Single Judge of this Court, allowed the Writ Petition on 15.07.1994, directing as follows:

(2.) Pursuant to the liberty allowed by the Court, the State-respondents, held an enquiry into the matter, And after hearing the appellant therein, treated his unauthorized absence from 25.05.83 to 08.06.92 as Dies-non vide Government Order No. 91-PW of 2000 dated 28.03.2000, which, is reproduced hereunder, for facility of reference:

(3.) The functionaries of the State Government, however, appear to have granted Service benefits to the appellant for the period, treated as Dies-non, inter alia, placing him as Incharge Executive Engineer vide Government Order No. 90-Works of 2003 dated 28.02.2003 and Incharge Superintending Engineer vide Government Order No. 378-PW (R&B) of 2006 dated 22.09.2006.It was in the year 2009 that relying on SRO 514 of 22.11.1999, the Government, vide its Order No. 194-PW (R&B) of 2009 dated 31.08.2009, directed that the appellant s unauthorized period of absence with effect from 25.02.1983 to 08.06.1992, treated as Dies-non, be given effect to as follows: