(1.) This intra- court appeal under clause 10 of the Letters Patent Appeal has been filed by the writ petitioner, appellant herein, challenging the order dtd. 3/8/2022, whereby the writ petition WP(S) No. 3399 of 2020, filed by the appellant has been dismissed.
(2.) Heard the counsel for the parties.
(3.) The writ petitioner-appellant was appointed as Account Assistant on contract on 8/5/2008 under the respondent Authority and he was being regularly paid honorarium. The petitioner was transferred to the Department of District Rural Development Authority (hereinafter to be referred as DRDA), Dhanbad vide letter dtd. 24/7/2019 and was relieved from Govindpur. It is the case of the writ petitioner that the wife of the petitioner fell ill and the petitioner also, for which, he had to visit Vellore for treatment. The petitioner applied for leave on 26/7/2019, but DRDA, Dhanbad i.e. respondent No. 5 directed the writ petitioner vide letter dtd. 3/8/2019 and 17/8/2019 to join immediately. On the ground of illness, the writ petitioner prayed for time vide letter dtd. 8/8/2019. The DRDA, Dhanbad- respondent No. 5 issued a show cause to the writ petitioner on 21/8/2019 as to why his services should not be terminated, to which the writ petitioner prayed for sometime. Respondent No. 5 constituted a Medical Board for ascertaining the medical condition of the petitioner on 28/8/2019 and vide report dtd. 30/8/2019, the petitioner was declared fit by the Medical Board. Respondent No. 5 vide letter dtd. 12/9/2019 directed the petitioner to join within twelve hours with condition that if he does not join within twelve hours, his services will be terminated. The writ petitioner received the said letter dtd. 12/9/2019 on 18/9/2019 and by that time, the petitioner was already dismissed vide letter No. 994 dtd. 14/9/2019. The petitioner approached this Court in WPS No. 3399 of 2020 challenging the letter dtd. 14/9/2019, which was dismissed by the learned Single Judge, resulting in filing of this appeal.