MOHMMAD MUZAFFAR SHAH Vs. KAMRAZ RURAL BANK

JUDGEMENT

(1.) The extra-ordinary jurisdiction of the court has been invoked so as to get the order, terminating the petitioner's service in the Kamraz Rural Bank quashed. The circumstances in which the petition has been laid are:

(2.) Kamraz Rural Bank is a schedule bank with its head office at Sopore. The petitioner was appointed after having undergone the requisite training as the junior clerk on probation with effect from 14.10.1982 vide the Bank's order No. Per/Staff/82-19328 dated 29-10-1982. Having thus served the Bank for sometime the petitioner was promoted to the cadre of Senior Cashier-cum-clerk on 1-07-1988.

(3.) Petitioner's case is that right up from his child-hood, he suffered from the disease known as ostomylits in his left femer. He had to undergo surgical operation a couple of times but to no results so much so that he suffered in the month of November, 1986, such severe effects of the decease as affected his normal life. Having not been able to get the disease properly diagnosed and treated the petitioner sought medical advice from the All India Medical Institute and Safdar Jung Hospital at New Delhi. It is pleaded that due to the ill effects of the disease the petitioner left the station of his place of posting with the Bank in June, 1989 without any permission but subsequently addressed the communication to the respondent-Manager intimating about his ailment and inability to attend to his duties. The petitioner, therefore, sought grant of leave with effect from the date he had absented himself, that is, 5.6.1989. He pleads that he did inform the Manager subsquently about his inability to attend his duties and sought extension of leave vide the annexure D & E. After having got the ailment treated at the Institute at New Delhi, the petitioner returned to the Valley and allegedly contacted Dr. T.S. Sethi, Orthopaedic Surgeon, who advised him complete bed rest for a further period of two years. He accordingly sought from time to time the extension of his leave of absence. It is pleaded that Dr. T.S. Sethi finally certified on 15.5.1990 the petitioner to be fit to resume his duties but it was on 14.9.1990 that the respondent-bank informed the petitioner that his services had been terminated.