- (1.) Heard Shri Vinod Kumar, learned counsel for the petitioner and Shri Abu Sufiyan Azmi, learned counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned Memorandum dated 21.11.2012 and has further prayed for direction commanding the Commandant, 26th Battalion, Shashastra Seema Bal, Pilibhit to permit him for resuming his duty on the post in question and to pay him regular salary with all consequential benefits.
(3.) It appears from the record that the petitioner was initially appointed as Constable (GD) on 15.12.2005 and after completion of training, he was posted in 31st Battalion, Shashastra Seema Bal, Sapadi (Himachal Pradesh) and thereafter remained posted at Gosaigaon, Kokrajhar in the State of Assam. In the year 2007, he had fallen ill on account of liver disease and taken leave for 42 days from the authority concerned. He remained under treatment in G.M. Modi Hospital, New Delhi. As per direction of the Deputy Inspector General, Sector Hqr. SSB, Bongaigaon vide order dated 3.8.2009, the Competent Authority of 31st Battalion, SSB, Gossaigaon vide order dated 29.7.2010 regularized the absence period of the petitioner w.e.f. 3.1.2008 to 24.9.2009 for 631 days by granting "DIES NON" for all purposes. Thereafter the petitioner requested for his transfer from 31st Battalion to another Battalion. On 10.7.2010 he was transferred to 26th Battalion at Pilibhit (UP). He joined there and served smoothly for the nation with full devotion and sincerity. After some time, he again fell ill on account of same severe liver disease. He applied for leave on 10.4.2011, followed by extension of leave applications dated 12.6.2011, 28.6.2011, 16.7.2011 and 18.8.2011 and during the aforesaid period, the petitioner remained under treatment.;