MANZOOR AHMAD THOKER (DR.) Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner holding the post of Additional Professor, Department of Microbi ology. SKIMS Soura, had represented to the respondents on 10.10.2008 for his voluntary retirement from service with effect from 21.10.2008, subsequently had applied for one year special leave on 16.10.2008 with effect from 16.11.2008. Both representation and application were pending consideration, in the meantime on 21.10.2008, he sought leave on medical grounds with effect from 21.10.2008 for a period of four weeks. Without waiting for sanction thereof, petitioner left the station and did not return back.

(2.) When decision on the representation for voluntary retirement was not taken, petitioner applied to the respondents for allowing him to join in the month of June, 2011. He was neither allowed to join nor allowed to do private practice as regarding his private practice notice has been published in daily newspaper Greater Kashmir in its issue dated 22nd May, 2011. Finally petitioner filed instant petition praying therein that the respondents shall be directed to take decision on the voluntary retirement application of the petitioner, further may be commanded to allow the petitioner to continue as Additional Professor in the respondent Institute and to release him pay as well as monetary benefits to which he shall be entitled from October, 2008 till date and also to pay all consequential benefits with 18% interest.

(3.) The respondents in their reply have admitted the fact vis-a-vis position of the petitioner holding the post of Additional Professor, Department of Microbiol ogy, in the year 2008 and his representation for voluntary retirement and his application for special leave and then medical leave but have added that the proposal for sanction of one year special leave in favour of the petitioner with effect from 16.11.2008 was submitted to the Government on 31.1.2009 the competent authority sought information which was submitted on 25.6.2009 wherein it was recorded that the petitioner had left the station in anticipation of the proper sanction of the said leave and had not left any addressed for the purposes of correspondence, then as required by the Government, whereabouts of the doctor were sought to be located and it surfaced that the petitioner had taken employment in Libya, then for finding whereabouts of the petitioner, the matter was directed to be pursued with Indian Embassy in Tripoli (Libya). However, in the meantime, petitioner vide letter datad 05.08.2009 intimated that he has taken employment at Jamia A1-Arab Univer sity, Bengazi Libya, accordingly competent authority was apprised about this fact on 25.08.2009.