- (1.) This appeal is directed against the judgment and order of the learned single Judge of this Court by which the writ petition was dismissed. In the writ petition the Petitioner in substance prayed for quashing and/or setting aside the order of termination dated July 14, 1980 and also another communication dated February 4, 1993 and also asked for other benefits namely restoring seniority and also to pay a sum of Rs. 4,71,625/- allegedly due and payable to the Petitioner by the Respondent due to wrongful termination from the service of the Petitioner.
(2.) The fact for filing the writ petition by the Petitioner is stated hereunder: The Petitioner was a staff of clerical grade of first Respondent and he was posted at Jagannath Ghat Stock Yard on November 1, 1976 as senior Assistant, thereafter transfer order followed on February 10, 1978 from Jagannath Ghat Stock Yard to 4, India Exchange Place, Calcutta. He made several representations against the said order of transfer for withdrawing the same. However, his representations were turned down by the Personnel Manager. It is alleged that the said order of rejection of the representation is without any reason. Therefore, he filed another representation for reconsideration of his prayer. But such action was resulted in rejection. Since then the Petitioner started absenting himself from duty and on the ground of unauthorised absence he was proceeded with disciplinary action and enquiry was held and on considering of all the aspects conditional order was issued to the effect that in the event he failed to resume duty within certain time his service will stand terminated.
(3.) However, he did not resume. Therefore order of termination took place and this took place in the year 1980.;