R.B.Lal, J. - (1.) By this writ petition under Article 226 of the Constitution the petitioner seeks quashing of the orders of his transfer, suspension and termination of service, and issue of a direction in the nature of mandamus commanding the opposite parties to treat him in service.
(2.) The petitioner alleged that in the year 1967 he was appointed as Work Charge Ledger Munshi by the Executive Engineer, and was posted in the Revenue Section at Bijnor. In the year 1970 he was appointed as Survey Assistant in the work charge cadre at Bijnor in the pay-scale of Rs. 100 per month. In the year 1973 he was transferred from Maintenace Division to Rural Electrification Division and posted at Bijnor. He was never assigned the duties of a meter reader and was not paid the salary of a meter reader. He had always drawn salary as Survey Assistant. In the years 1973 and 1974 he was elected Joint Secretary of U.P. Hydel Electric Employees' Union, Lucknow. The officers of the U.P. State Electricity Board were not happy with his trade union activities. A meeting of the Union was held at Lucknow on 23rd and 24th August, 1974 and he attended the same. Thereafter all of a sudden he fell ill and made an application for grant of medical leave. He continued to extend his medical leave by submitting successive applications. He was not informed that his applications for grant of medical leave could not be entertained or granted, or that the same were, rejected. By letter dated 30-1-1975 the office of the Executive Engineer returned the medical leave applications with the remark that his services had already been terminated.
(3.) The petitioner further urged that a notice had appeared in a news paper, 'Bijnor Times' on 8-12-1974 giving out that he had been transferred from Dhampur to Sub-Division Chandpur by order dared 19-8-1974 and had been relieved on transfer with effect from 24-8-1974 to join his duty in Sub-Division Chandpur. Another notice appeared in the newspaper 'Amar Ujala', Bareilly on 21-12-1974 saying that he was relieved from Dhampur Sub-Division on 24-8-1974 and was suspended from 26-8-1974 in view of a police report and that since he was absent without permission, if he did not turn up to 24-12-1974 it would be presumed that he was absconding deliberately. The transfer order and the suspension order were illegal and were challenged in writ petition No. 240 of 1975.;