DAYARAM LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed this petition praying for quashing the oral order of termination of the petitioner and for a direction permitting him to join services on the post of attendant with back wages.

(3.) THE respondents have filed a return and have stated therein that the petitioner was a daily wage employee. It is submitted that he stopped attending his duties on his own with effect from 21 -5 -2004 and thereafter he appeared before the respondents on 28 -10 -2005 and submitted an application stating that he could not perform his duties on account of the fact that his wife was seriously ill, a copy of which has been filed by the respondents as Annexure R -1 alongwith the return. It is stated that the petitioner again submitted an application on 21 -12 -2005 on the ground that his wife was ill and therefore he was unable to perform his duties. It is stated that none of these applications of the petitioner state that he was suffering from hepatitis or that he was himself sick and unable to perform his duties.