Barin Ghosh, J. - (1.) This appeal is directed against the judgment and order of a learned Single Judge of this Court dated 23rd September, 1988 passed in the writ petition, registered as C. O. No. 14174(W) of 1986, whereby and whereundcr the learned Single Judge allowed the petition and quashed the order of dismissal or the order removing the name of the petitioner from the roll of the appellant and directed to treat the petitioner as on duty for the entire period and to pay all arrear salaries and service benefits to him.
(2.) Short facts of the case are that the petitioner, a permanent employee of the appellant, was working at the office of the appellant at Calcutta. On 14th March, 1985, the petitioner was transferred to the office of the appellant at Hyderabad. The office of the appellant at Hyderabad was incharge of the Oil Field Equipment Division of the appellant at Assam. In the order of transfer dated 14th March, 1985, it was mentioned that the petitioner is being transferred to the Hyderabad office of the appellant for being posted at the office of the appellant at Jorhat, Assam. On 1st April, 1985, the petitioner was released from the Calcutta office of the appellant. By a letter dated 18th April, 1985, the petitioner represented that he is not keeping well and, accordingly, it would not be possible for him to report at the Hyderabad office. On 27th April, 1985, the petitioner wrote another letter and in that stated that he had gone to Hyderabad but had to come back without reporting since he fell sick and his baby son became seriously ill. Then on 16th June, 1985, the petitioner made a representation to post him anywhere else in India. On 15th September, 1985, the petitioner once again wrote a letter and in that stated that he is still lying ill. On 9th October, 1985 by a letter, the petitioner requested the authority concerned to intimate him as to where he can join immediately. In all these letters the petitioner requested for approval of his leave of absence. Ultimately, however, on 30th October, 1985, the petitioner reported at the Hyderabad office of the appellant when he was advised to report to the corporate office of the appellant at New Delhi. In the circumstances, the petitioner made a representation on 15th November, 1985, and therein requested the authorities to permit him to join his duty at the earliest. On 3rd December, 1985 and on 27th January, 1986, he received a letter from the appellant dated 27th January, 1986 to the effect as follows:- "Having failed to report for duty at Ramchandrapuram, Hyderabad consequent on being transferred office and relieved from R. O. D., Calcutta, on 1st April, 1985 vide office order No. RE : PER : 216: 17, dated 1st April, 1985 Shri S. K. Haider, Staff No. 1841785, Senior Commercial Engineer, is deemed to have left the services of the Company of his own accord in accordance with the Leave Rules of the Company as applicable, at the relevant time. His name is, accordingly, struck off the rolls of the Company, w. e. f. 16th April, 1985."
(3.) The petitioner by letters dated 31st January, 1986 : 20th February, 1986; 6th June, 1986; 7th July, 1986; 16th August, 1986 and 20th August, 1986 made representations for revocation of the order dated 27th January, 1987 whereupon in reply to his letter dated 20th August, 1986, the appellant informed the petitioner that in accordance with the Leave Rules of the appellant as applicable at the relevant time, the name of the petitioner has been struck off from the rolls of the appellant. In the circumstances, the writ petition was filed.;