SHRIKANT S KARNASE Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
Shrikant S Karnase
UNION OF INDIA
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Nelson Sailo, J. -
(1.) Heard Mr. N. Upadhyay, the learned counsel for the petitioner as well as Ms. A. Gayan, the learned CGC who appears for all the respondents.
(2.) By filing this writ petition, the petitioner has challenged the order dated 20.02.2015 by which, the period between his termination from service and reinstatement i.e. w.e.f 23.11.2007 to 04.02.2011 has been treated as not on duty for any purpose including leave, increment and pension etc. but without break in service.
(3.) Brief facts of the cases for disposing the writ petition may be narrated at the outset. The writ petitioner was appointed as Constable General Duty (Constable GD) by the respondent No. 5 vide Memorandum dated 05.10.2005. As per the appointment order, he is to be on probation for a period of 2 years from the date of his appointment extendable by another year. While he was in his probationary period, the petitioner on 03.11.2007 availed for 15 (fifteen) days Casual Leave (CL) w.e.f. 05.11.2007 to 22.11.2007. The petitioner on availing the CL proceeded to his home in the State of Maharashtra and during his leave period, on account of an accident, he sustained a fracture on his leg i.e. fracture of Shaft Femur. Therefore, he sought for extension of his leave and forwarded his medical documents to the respondent No. 5. However instead of granting him leave extension, he was asked to rejoin his duty vide communication dated 21.02.2007. As the petitioner failed to rejoin his duty, he was terminated from service w.e.f 23.11.2007 by invoking Rule 5 of the Temporary Service Rules and the provisions of CRPF Act and Rules vide notice of termination dated 28.01.2008.;
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