FAROOQ AHMED SHAH Vs. STATE

JUDGEMENT

(1.) QUASHMENT of order of acceptance of resignation is sought, by the Petitioner on the ground that before the date of acceptance of his resignation, he had withdrawn the same by requesting the authorities concerned to permit him to join the duties.

(2.) THE case has its peculiar features, which are required to be noticed precisely, i.e., the Petitioner in the year 1995 has been appointed as Warder in the department of Prisons and Fire Services, J&K, so was posted in Sub -Jail, Hiranagar. Petitioner availed ten days casual leave w.e.f: 21st of May' 1998 to 30th of May' 1998 as he was suffering from Blood Stinge Sputum. When continued, to suffer from the said ailment was examined at Chest Disease Hospital, Srinagar where he was admitted, in ward No. 6 and remained there from 1st of June 1998 till 25th of June' 1998, was diagnosed as a case of Pulmonary Tuberculosis so was advised complete rest and was put on anti Tuberculosis drugs for first nine months, then again for three months more.

(3.) ON receipt of such communication, Petitioner again got checked up at Chest Disease Hospital, Srinagar. Doctors of the hospital certified that, the Petitioner has fully recovered from T.B.M so, is fit to resume his duties. The Petitioner immediately claimed to have reported, back for his duties at Sub Jail, Hiranagar but was not allowed to join, instead was asked to make a representation before the Respondent No. 2, which he did. Respondent No. 2 sought a detailed report from the Medical Superintendent. Chest Disease Hospital, Srinagar vide communication dated 1st of October 1999, which, was responded on 16th of October' 1999, same response is reproduced here -under: