- (1.) HEARD learned counsel for the appellants Sri Alok Sinha and Smt. Bulbul Godiyal for the respondent.
(2.) THE delay in filing the special appeal is condoned. This special appeal challenges the order passed by the learned Single Judge dated 18/4/2006, by means of which, the order of termination of service of the respondent dated 7/10/1984 has been set aside and he has been directed to be given all consequential benefits in accordance with law, with liberty to the appellants to hold a departmental enquiry afresh. The facts are not disputed between the parties, namely, the respondent, who was initially employed as unpaid Apprentice Overseer vide order dated 5.3.1962, was thereafter, engaged on temporary post of Junior Engineer. He was confirmed w.e.f. 1.4.1972 on the post of Junior Engineer (Civil), Irrigation Department, U.P., Lucknow. The Office Memorandum dated 7.2.1974 confirms the status of the respondent as confirmed employee, namely, confirmed Junior Engineer.
(3.) THE respondent absented himself right from 13.2.1987 till 11.1.1996 i.e. for a period of nine years. Respondent's case is that the he fell seriously ill sometimes in February, 1987 and he was getting treatment at Mumbai, on account of which, he could not attend his duties and that he also sent applications and necessary medical certificates, whereas the appellants' case is absolute denial of the aforesaid fact.;