- (1.) Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) By means of this petition the petitioner has prayed for a writ in the nature of certiorari quashing the order dated 6-10-97 passed by the Commandant 32 Battalion, P. A. C. Lucknow whereby the services of the petitioner were terminated by accepting resignation from the post of constable P.A.C. and also for a writ in the nature of mandamus commanding the opposite parties to allow the petitioner in service from 6-10-97 and pay his salary according to law.
(3.) This Court intended to summon the record but the learned Standing Counsel has stated that the record could not be made available. Therefore, this Court heard the arguments of the petitioner and the learned Standing Counsel and the writ petition is decided. The petitioner was appointed on the post of Constable on 7-7-1989 in 34 Battalion at Bhullanpur, Varanasi bearing constable No. 42795 and was posted in 32 Battalion G-Company, P.A.C. Lucknow. Since then the petitioner worked with entire satisfaction of his authorities concerned. On 23-9-1997 the petitioner fell ill. He requested for seven days' leave to his authorities as his condition was becoming deteriorated day by day and he could not find improvement in his condition, he approached opposite party No. 4 and requested him for leave, but the same was not granted. His condition became more serious then he kept himself under the treatment of Dr. J. K. Trivedi, Professor of King George Medical College, Lucknow. Seeing no other way he tendered his resignation on 29-9-97 to opposite party No. 4 on that ground. The Doctor issued fitness certificate on 13-8-98 mentioning therein that he was fit for duty on that date.;