R.K.Agrawal, J. - (1.) The present appeal has been filed against the judgment and order dated 21.7.1998 passed by the learned single Judge in Civil Misc. Writ Petition No. 8483 of 1993, whereby the writ petition has been dismissed on the ground of alternative remedy in view of the Full Bench's decision in the case of Chandrama Singh v. Managing Director, U. P. Co-operative Union, 1991 (2) UPLBEC 898.
(2.) Briefly stated, facts giving rise to the present appeal are that the appellant/writ petitioner was appointed as Legal Assistant on 4.12.1988 in Nawabganj Sugar Mill Company Limited, district Gonda, a unit wholly owned and controlled by the U. P. State Sugar Corporation Limited (hereinafter referred to as the Corporation). Subsequently vide order dated 6.7.1989, he was transferred to Shahganj Sugar Mills, i.e., another unit owned by the Corporation. His services were confirmed by the Corporation vide order dated 5.7.1990. It appears that the appellant-writ petitioner absented himself from duty since 23.9.1992. According to him, he was ill and had sent medical certificate along with an application by registered post for grant of necessary leave on 23.9.1992 itself. He also sent a telegram to that effect on the same date. As he could not recover from his illness, he intimated the authorities concerned accordingly. However, the Chief Manager, of the Corporation's Shahganj Sugar Mills vide letter dated 30.9.1992 asked the appellant writ petitioner to join the duties immediately, whereupon the appellant-writ petitioner again sent his medical certificate along with letter dated 30.9.1992. Subsequently, the appellant-writ petitioner had sent an application along with medical certificate as per the averment made in the writ petition but the same was not received by the respondent No. 2 having been returned undelivered. The respondent No. 2 vide letter/notice dated 22.10.1992 directed the appellant-writ petitioner to join his duties within three days otherwise his services shall be terminated. In response to the said notice, the appellant-writ petitioner again sent an application on 13.11.1992 along with medical certificate by registered post for extension of his leave, which letter was returned undelivered as according to the appellant-writ petitioner, the respondent No. 2 had refused to receive the said letter. The respondent No. 2 vide order dated 17.12.1992, terminated his services. The order dated 17.12.1992 had been challenged by the appellant-writ petitioner before this Court by means of filing writ petition under Article 226 of the Constitution of India. While entertaining the writ petition, this Court had directed the respondents to file a counter-affidavit. After exchange of the affidavits, the writ petition was admitted on 8.5.1996 and interim order was also passed on the same day in favour of the writ petitioner. But in Special Appeal No. 494 of 1996 preferred by the respondents herein, this Court had stayed the operation of the interim order dated 8.5.1996. The aforesaid special appeal was decided on 23.4.1998 with the direction for deciding the writ petition expeditiously and the interim order was also vacated. The said writ petition came up for hearing before the learned single Judge, which has been dismissed on the ground of alternative remedy in view of the Full Bench judgment of this Court in the case of Chandrama Singh (supra).
(3.) We have heard Shri R.K. Ojha learned counsel for the appellant-writ petitioner and Shri S.S. Nigam learned counsel for the respondents.;