JAVED ANWAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The case of the petitioner is that he was appointed teacher by order dated 6.5.1989 issued by Block Education Officer, Khawas on the basis of selection made by the Service Selection Board communicated vide No. SSB/19/89 dated 10.3.1989 and was posted in Govt. Primary School Samote, Rajouri. He claims to have submitted joining report on 6.5.1989, but absented from duty with effect from 31.7.1989 because of his ill-health and after recovering from illness he claims to have approached responded No. 2 on 16.12.1993, who by his letter dated 18.12.1993 directed respondent No. 3 to allow him to join provisionally. The latter, however, informed the former that the petitioner joined his duty on 6.5.1989 and after some time absented himself from duty for more than four years. On this respondent No. 2 wrote the following letter to respondent No. 3 :-

(2.) According to the petitioner, he was appointed teacher and he joined his service on 6.5.1989. He has himself admitted that he worked only upto 31.7.1989 and then absented himself upto 16.12.1993 (more than four and half years). Between May and July, 1989 there were Summer vacations also. So he was in service for only about three months, including two months vacations during June and July, 1989.

(3.) This question was considered by a learned Single Judge of this Court in Munshi Ram v. State and others,1997 SLJ 266, in which it has been laid down that: