Decided on July 14,1961



- (1.) THE petitioner, a medical man, was appointed, on August 1, 1949, as an Assistant Health Officer of the Howrah Municipality, in charge of conservancy work. He had also to inspect, amongst other things, vaccination work, maternity work and other works.
(2.) IN or about May or June, 1953, the petitioner fell ill and his particular illness was a disease known as writers' cramp. Under medical advice he applied for leave for one month, commencing from July 3, 1953, which was granted. The petitioner did not get round during the period of his leave and under medical advice applied for an extension of the leave by two months. His application was again granted by the Municipality and he was allowed leave up to October 2, 1953. On October 3, 1953, the petitioner asked for permission to rejoin his duties, alleging that he was cured of his malady. He was asked by the municipality to submit himself for examination by the Civil Surgeon of Howrah. The Civil Surgeon, however, held a different opinion and did not certify that the petitioner was cured. Thereupon, the petitioner obtained another four months' leave, upto February 2, 1954, on medical grounds. After the expiry of the period of leave, the petitioner again asked for permission to rejoin Rind was again asked to submit himself for examination by the Civil Surgeon. The second health examination produced the following report from the Civil Surgeon: "examined Dr. B. Sur today (5. 2. 54 ). The cramp of the Rt. Hand from which he is suffering exhibits very little sign of improvement, worth mentioning even after a period of rest for 4 months as deduced from the writing test. In my opinion, Dr. Sur may be allowed to resume his duties provided the nature of duties which he will have to perform allows him to do away without much writing with his right hand. "
(3.) ON receipt of the report the Health Officer, respondent No. 3, wrote to the petitioner the following letter, on March 30, 1954: "as directed by the Chairman he is hereby asked to resign from his service as it is not possible for him to carry on the responsible and onerous duties of an A. H. O. with the physical defect which has exhibited little sign of improvement even after prolonged rest, according to the Civil Surgeon. He has also been absenting himself without any authorised leave since the medical leave last granted expired on 2. 2. 54, when he was not allowed to resume his duties as he was not fit. He is therefore also asked to apply for medical leave for the period till the date of his resignation. He may also note that in default of compliance with this the matter will be placed before the Commissioners for terminating his service for absenting himself without any authorised leave and for incapacity due to physical defect. " The petitioner, however, did not agree to what he was asked to do and insisted upon resuming his duties.;

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