PROF. MOHAMMAD SYED SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) Case as projected by the petitioner in writ petition is that he came to be appointed as Orderly vide Order No. PHE/ESH/43 of 1979 dated 18.05.1979, in the Office of respondent No. 2. Petitioner claims that performed his duties as Orderly there till 31.12.1991, and thereafter he was temporarily promoted as Junior Assistant vide order No. 135/Est of 1991, issued by Chief Engineer J &K UEED Department, on regular/temporary establishment. In pursuance of the said order, petitioner submitted his joining report on 08.01.1992 and performed his duties as Junior Assistant till 31.05.1992. It is stated that petitioner proceeded on casual leave on 01.06.1992, and thereafter extended the same for a period of two years, i.e., up to 31st May 1994. After availing the leave, petitioner submitted his joining report before Assistant Executive Engineer, Western Foreshore Road Sub-Division, Srinagar, U.E.E.D J &K, on 01.06.1994, but the same was not accepted and was forwarded to the higher authorities for opinion and disposal. Thereafter, petitioner submitted his second joining report on 11.10.1996, before Chief Engineer, UEED J &K, however, in terms of communication No.2884-88 dated 27.3.1997, of Executive Engineer, Lake Division I Srinagar, addressed to Executive Engineer S &D Division-I U.E.E.D, Srinagar, instructions were sought as to whether petitioner would be allowed to join or not in view of his absence from duties, w.e.f., 01.05.1992 to 30.10.1996.

(2.) It is next averred in writ petition that petitioner submitted another joining report dated 15.01.1998, before Executive Engineer, S &D Division, Srinagar, but the same was not entertained and petitioner was not allowed to join, constraining him to file writ petition, diarized and registered as SWP No. 626/1998, seeking a direction to respondents to allow him to resume his duties after availing the leave. The said writ petition was disposed of on 24.04.1998, with a direction to petitioner to file a representation before respondents for settlement of his period of absence, authorized/un-authorized. Petitioner filed a representation before respondent/authority. However, in the interregnum, he came to be appointed as Lecturer in Arabic, vide Government Order No. 196-HE of 1999 dated 28.04.1999, and, accordingly, petitioner joined as Lecturer on 06.05.1999 and superannuated as Selection Grade Lecturer in Arabic after rendering service of 11 Years 05 months and 26 days on 31.10.2010. After superannuation of petitioner as Selection Grade Lecturer, Principal Government College for Women vide his communication dated 13.12.2010, forwarded all the requisite documents with regard to the services of the Petitioner to the Office of Accountant General for release of pensionary/retiral benefits.

(3.) By communication No. LD-Ist/6055-56 dated 26.03.2011, Executive Engineer, Lake Division No. Ist J &K Lakes& Waterways Development Authority, Srinagar, intimated Principal, Government College of Women, Moulana Azad Road, Srinagar, that as per Pay Acquaintance Rolls of erstwhile Lake Division No: Ist, UEED ( Now Lake Division No. Ist. LWDA), the petitioner/official worked in erstwhile Lake Division w.e.f., 19.05.1979 to 31.12.1991, as Orderly. It is also mentioned in the communication that the services rendered by the petitioner there are pensionable services.