- (1.) Leave granted.
(2.) In this appeal by special leave, the only question that is required to be considered is whether the Division Bench of the High Court was justified in setting aside the order of the single Judge awarding back wages to the appellant from the date of filing writ petition upto the date of superannuation.
(3.) Facts are these, very briefly put. The appellant joined the service of the State of Jammu & Kashmir as Assistant Surgeon in 1970. He held various posts in the Directorate of Health Services and was promoted first as Lecturer and then as Assistant Professor in 1981. He was sent on deputation to Stanely Medical College, Madras for undergoing specialized training in Microvascular and Hand Surgery from January, 1986. Thereafter, the appellant proceeded on 30 days leave with effect from March, 1986. According to him, he had sent several applications for extension of leave for undergoing further training and seeking service in foreign country but his representations were not responded to by the state government and his services were illegally terminated without following the procedure prescribed in Jammu & Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 (for short 'Rules 1956') on September 18, 1987. On the other hand, the stand of the respondents is that after the period of sanctioned leave expired, the appellant did not join duty despite letters and reminders and continued to remain absent. Finally, by a notice dated July 16, 1987, the appellant was asked to show cause why his services should not be terminated for having remained absent unauthorisedly and, thereafter, by order September 18, 1987, his services were brought to an end.;