VINOD KOUL Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner joined the State service in January, 1973. He was working as Assistant Professor Radiology in Government Medical College, Srinagar. He applied for leave. This was on the plea that the he was suffering from some illness. This leave was sanctioned. After the expiry of leave, he did not join. He submits that he met with an accident. In this accident, it is stated that his arm and leg were injured. He again applied for leave. There is no order sanctioning the leave. The petitioner was, however, served with a notice, on 10.1.1990 calling upon him to report for duty. The petitioner submits that he had all the intentions to join, but the situation which was prevalent in the valley in 1990 forced him to stay away from the valley. The petitioner submits that he was registered as a migrant in March, 1990. The registration certificate is said to be bearing No. 1496. Copy thereof has been placed on the record as Annexure "B". It is the case of the petitioner that he came to join Government Medical College, Jammu Migrant Cell. He further submits that he did join but had to shift to Delhi. From the month of February, 1990 to April, 1990, petitioner's salary was drawn by the Medical College, Jammu, treating the petitioner as a migrant employee. In para "6" of the petition, as per the petitioner, he made an effort to withdraw his salary, however, vide communication dated 17.1.1991, he was informed that he should claim his migrant salary from the Resident Commissioner, New Delhi. Reliance is placed on Annexure "D". The contents of this letter do not support the plea put across in para "6" of the petition. For facility of reference, annexure "D" is reproduced below :-

(2.) The petitioner submits that he applied to the Resident Commissioner, at New Delhi for his salary. This was not paid to him. It appears, that in the meantime, the Government of J&K formed an opinion that the petitioner was on un-authorised absence. Notice was taken of the fact that he applied for 5 days casual leave on 16.4.1988. After the expiry of leave, he was called upon to report for duty. Letter No. GS-MC/AP 343-45 dated 23.5.1988 was issued to him. The petitioner did not respond but applied for extension of leave. Another communication was sent to him on 19.9.1988. The petitioner was called upon to join within a period of 21 days failing which, action as warranted under law was to be taken against him. Still another communication was addressed to him on 1.3.1989. As there was no response, the services of the petitioner were brought to an end by issuing a communication dated 24.7.1996. The facts enumerated above stands rectified in the order referred to above. The petitioner submits that this order dated 24.7.1996 has been passed without holding an enquiry. He submits that this order deserves to be set aside.

(3.) The respondents have filed objections. In preliminary objection No. 2, the stand taken is the same as had been recited in the order of termination. It is also submitted that the petitioner got himself registered as a migrant with the Principal, Government Medical College, Jammu and later on with the Resident Commissioner, New Delhi and had continued to draw his salary upto August, 1999. It is submitted that the petitioner was not entitled to any migrant salary payable to him at Delhi. He is a migrant State Government servant therefore, he was supposed to be at Jammu and not in Delhi.