J.K.Biswas, J. - (1.) By this writ petition dated 27th August 2002 the petitioner challenged the decision contained in paragraph 3(i) of the order dated 14th May 2002 (annexure P-14). It was given by the General Manager (Pres) of the respondent 'Airport Authority of India'. The impugned decision is quoted below: (i) Payment of Salary for the stay away period: Sri Das was not on the roll of AAI from 17.10.85 to 16.11.99. Though he claimed that he did not take alternate employment during this period, the fact remains that he did not work in AAI during this period. And therefore, after careful consideration of the above as well as the AAI Rules, his request for payment of salary for the stay away period is not agreed to. However, as a special case, it has been decided to consider this period as 'dies-non' so that he does not lose effect of previous service in calculation of his CPP, Gratuity etc. at the time of his superannuation.
(2.) In 1985 the petitioner was working as A.E. (E), and was posted at the Headquarters, in Delhi, of the respondent authority. Since after expiry of sanctioned earned leave he continued to remain on medical leave, he was asked to appear before a Medical Board. Such Board by its report dated 11th August 1985 declared him fit to resume duty. The authority by a letter dated 9th September 1985 called upon him to report for duty. As he did not resume duty, by a letter dated 17th October1985, the authority informed him that he was continuing to remain absent unauthorisedly or without proper authority. By this letter he was directed to report for duty on or before 30th October 1985. It was mentioned in this letter that on his failure to report for duty it would be deemed that he voluntarily abandoned his service and his name would be struck off the rolls with effect from 1st November 1985.
(3.) The Petitioner having not resumed duty on or before 30th October 1985 in terms of the respondent's letter dated 17th October 1985, his service stood terminated with effect from 1st November 1985.;