Om Prakash, J. - (1.) PETITIONER , who was temporarily appointed as a Class IV Employee on the post of Khalasi by letter dated 26 -7 -1982 (Annexure "3" to the writ petition) in the Soil Survey Department, seeks a writ of mandamus directing the opposite parties to permit him to join his duties. The petitioner contended that he remained on duty upto 11 -10 -1982, he fell ill on 12 -10 -1982 and then sent application for leave to the Headquarter for different periods on different dates, as he was undergoing treatment. It is alleged that immediately after recovery, he reported to the Respondent No. 2 his willingness to resume duties in September, 1982, but he was not permitted to join the duties and since then he is running from pillar to post, but to no avail.
(2.) THERE are two counter -affidavits on behalf of the respondents, first one was filed on 14 -12 -1984 and the second was filed on 19 -4 -1990. In the first counter -affidavit it is averred that the petitioner worked from 2 -8 -1982 to 11 -10 -1982 and then he remained absent without any permission and information. It is further averred in paragraph 6 of this counter -affidavit that pursuant to the directions given by the Joint Director of Agriculture, the petitioner was attached with Etah Office and he was accordingly directed to join at Etah and he was, therefore, relieved from Farrukhabad office. It is averred that the petitioner refused to carry out that order and he left the Headquarter without producing any proof of his absence. It is further stated in paragraph 8 of this counter -affidavit that the petitioner remained absent for a period of 10 months 20 days from 12 -10 -1982 to 2 -9 -1983 and as he abandoned his service, Sri Tulsi Ram, in whose vacancy he was appointed, was re -appointed by the Director on the post of Khalasi. From the pleadings in the first counter -affidavit the stand of the respondents is that Tulsi Ram, in whose place the petitioner was appointed, was allowed to rejoin the duties, as the petitioner abandoned the service without any information and proper leave. In paragraph 4 of the second counter -affidavit it is stated that Sri Tulsi Ram was taken back in service by the letter dated 20 -11 -1982 and, therefore, there was no vacancy for the petitioner and that the latter was ousted from service, as the vacancy which he occupied, was filled -up by the original occupant, namely, Sri Tulsi Ram.
(3.) THE petitioner was directed to file a supplementary -affidavit clearly stating as to on which dates he submitted leave applications to the respondents. In the supplementary -affidavit filed by the petitioner various dates, on which applications for leave were sent, have boon stated and also postal receipts and postal certificates whereunder applications were sent, have been filed. Despite stop order dated 9 -10 -1991, no supplementary -counter -affidavit to controvert these facts has been filed by the Standing Counsel. Therefore, the case of the petitioner that he applied for leave and sent applications on various dates by post remains uncontroverted.;