R.H.Zaidi, J. - (1.) Heard Mr. Arun Tandon, learned Counsel for the petitioner and Sri G.D. Mishra, learned Counsel for the respondents.
(2.) By means of the present petition, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 19.8.1987 contained in Annexure-IX to the writ petition, whereby the services of the petitioner have been terminated. Prayers for a writ mandamus commanding the respondents to treat the petitioner in continuous service with effect from 17.4.1986 and for the payment of salary admissible to Assistant Field Supervisor have also been made.
(3.) Tax matrix of the case is that the petitioner was selected and appointed as Assistant Field Supervisor alongwith 400 candidates vide order dated 1.4.1986, he was directed to undergo the training for a period of two months. On the strength of the said order, petitioner went for training in the office of the Co- operative Dairy Training Institute, Lucknow. On 21.4.1986 he has successfully completed his training. Thereafter, he was again sent for training for 62 days to Barabanki Dugdh Sangh and same was also completed by him successfully. After completion of the said training petitioner was posted at Unnao. It was on 26.7.1986, that petitioner reported for duty at Unnao Dugdh Sangh. It was on 2.10.1986 that an application for leave was made by him. The leave was granted for two days i.e., 3rd and 4th October, 1986. It has been stated that the petitioner thereafter fell seriously ill and was advised bed rest for 30 days, by the doctor, Petitioner made an application for leave on medical ground which was supported by medical certificate. It was asserted that the petitioner thereafter was advised complete rest for four months; but inspite of medical treatment, he did not recover from the ailment and was advised by V.P. Misra Medical Officer Moti Lal Nehru Hospital, Allahabad to take rest till he was cured. While petitioner was seriously ill, he received a letter dated 11.11.1986 calling upon him to join duty on 15.11.1986. On receipt of the said letter, petitioner sent an application for leave on medical ground for a period of four months. The said application was sent by registered post, which was returned by the post office with an endorsement "Refused to accept". It is stated that the petitioner suffered from knocks abdomen and was advised rest. Consequently, be had to make another application for leave on medical ground. Instead of allowing or rejecting the application for leave, the impugned order of termination dated 19.8.1987 was passed in exercise of power under Regulation 85(ii)(b) of the U.P. Co-operative Societies Employees Service Regulations, 1975. Thereafter, the petitioner sent his representation praying that the order of termination be recalled and he may be permitted to join the service. The authority concerned did not pay heed to the said representation, therefore, reminders and notices were sent, but in vain. Consequently, petitioner had not approach this Court and file the present writ petition for the above mentioned reliefs.;