Petitioner, a contractual Switch Board Operator, challenged termination due to unauthorized absence. Court dismissed writ petition, holding petitioner abandoned job after three years with no specific medical evidence supporting late requests.
Writ petition dismissed; prayer for extension of contract or regularization denied.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5653 of 2016
======================================================
Anil Kumar S/o Sri Madan Mohan Prasad, R/o Village- Kuhari, P.S.Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Respondent/s : Mr. U. P. Singh, AC to SC-4 For the SBPDC : Mr. Ranjit Sinha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 28-11-2019
counsel for the petitioner and Mr. Ranjit Sinha, for respondent nos. 2 and 3.
The petitioner has challenged the order dated 04.07.2015 issued under the signature of the Deputy General Manager of South Bihar Power Distribution
Patna High Court CWJC No.5653 of 2016(4) dt.28-11-2019 2/4
Company Limited, whereby the petitioner has been prevented from joining his duties as a Switch Board Operator.
It appears from the records that the petitioner was appointed as Switch Board Operator on contractual basis for a period of one year on 28.02.2007. He worked in that capacity from 2007 to 2012 at different places on extension of his contract. From 24.07.2012 to 10.03.2015, the whereabouts of the petitioner was not known. He was unauthorizedly absent from his duty. When this matter was discerned, he was prevented from joining the service and thereby his services were deemed to be terminated.
Learned counsel for the petitioner has drawn the attention of this Court to several applications sent by him to the Management of the Distribution Company under certificate of post, indicating that he was not in a position to work because of his illness.
Such applications, which have been brought on
Patna High Court CWJC No.5653 of 2016(4) dt.28-11-2019 3/4
record by way of supplementary affidavit only indicate that because of his illness, he could not report on duty.
There is nothing specific in those request letters
for extension of leave which would give any idea about the nature of illness suffered by the petitioner. Notwithstanding such vague requests made by the petitioner at a belated stage, when the Distribution Company came up with a proposal of regularising the services of contractual employees, all such applications and the medical prescriptions were reviewed by the authority concerned and it was held that the petitioner had abandoned his job as he had remained absent from duty unauthorizedly for three long years. The request of the petitioner, therefore, for consideration of his case afresh for extending the contract or for regularizing his services is untenable.
For the reasons which have been noted above and which are self-explicatory, the prayer made on behalf of the petitioner cannot be allowed.
Patna High Court CWJC No.5653 of 2016(4) dt.28-11-2019 4/4
The petition has no merits and consequently the
same is dismissed.
(Ashutosh Kumar, J)
skm/-
U
2 issues framed by the court
Whether the petitioner can be allowed to extend the petition or regularize his services despite unauthorized absence for three years.
Whether the petitioner's vague medical applications justify considering his case afresh when his unauthorized absence was established.
Anil Kumar
The State Of Bihar
General Manager-cum-Chief Engineer, Magadh Electricity Supply Area
Deputy General Manager, South Bihar Power Distribution Company Ltd.
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
