B.L. Yadav and D.S. Sinha, JJ. - (1.) We have heard the learned counsel for the petitioner and perused the counter affidavit. The services of the petitioner have not been terminated, rather it appears that he is not being permitted to join his duties. In the counter affidavit it has been stated in para 10 and other para graphs that the petitioner is not jointing his duties in spite of the registered letter and public notice dated 12-2-1986. Unless the services of the petitioner are terminated, the petitioner would be entitled to join his duties and to get his salary. It is for the respondent or the appropriate authority to take action against the petitioner for the lapses on his part either for remaining absent without proper leave application or on account of any other misconduct By the time the petitioners services are not terminated the petitioner would be entitled to his salary and to continue to remain in service.
(2.) We accordingly allow the writ petition and direct the respondent to permit the petitioner to join his duties forthwith and pay his salary regularly and back salary also according to the Rules. It is however, open to the respondent to take disciplinary action against the petitioner in accordance with law.
(3.) A copy of this order may be given to the learned counsel for the petitioner within three days on payment of usual charges. Petition allowed.;