G.P. Mathur, J. - (1.) This petition has been filed with the prayer that a writ of mandamus be issued directing the respondents to allow the petitioner to resume his duties as Health Education Officer in the district of Moradabad and a direction be issued to treat him in continuous service and to pay arrears of salary.
(2.) The petition was heard for admission on 20-4-1992 when the learned Standing Counsel was granted a Month's time for filing counter affidavit. On 17-9-1993 and 1-12-1993 time was again granted for the purpose of filing counter-affidavit. On 5-1-1994, on the prayer made by learned Standing Counsel, three weeks' further time was granted for filing counter-affidavit with a clear direction that no further time would be granted for this purpose and the petition itself may be disposed of finally on the next date. The matter was listed on 14-2-1994 when the learned Standing Counsel, in a routine manner, again made a prayer for some further time being granted. However, as in-spite of sufficient opportunity having been given, no counter-affidavit was filed, it was considered proper not to give any further time and the petition was heard on merit.
(3.) The averments made in the petition show that the petitioner was appointed as Small Pox-Inspector in July, 1962 and was subsequently promoted as Para Medical Assistant and then as Block-Extension Educator. This post has been subsequently re-designated as Health Education Officer. In October, 1980 the petitioner was working at Tajpur Primary Health Centre in the District of Moradabad when he was served with a transfer order and was directed to report for duty to Chief Medical-Officer, district Tehri-Garhwal. The petitioner made a protest regarding his transfer to Tehri-Garhwal and appears to have made several representation in this regard. It is averred that the C.M.O., Moradabad, also made recommendation for cancellation of his transfer order vide his letter dated 15-11-1980. However, almost after ten years, the petitioner was served with a copy of letter dated 21-4-1990 sent by the Director, Family Welfare U.P. Lucknow intimating that his services had been terminated on account of his ten years absence from service without leave in accordance with Rule 18 of Parts 2 to 4 of Chapter III of U.P. Fundamental Rules (Annexure-7 to writ petition). The petitioner made further representations and has thereafter filed the present writ petition seeking the reliefs as mentioned above.;