- (1.) This petition seeks quashing of order dated 21.4.2006 Annexure P-5 declining leave sought by the petitioner and order dated 5.6.2006, Annexure P-9 declaring the post occupied by the petitioner to be vacant with effect from 18.4.2006 under Statute 74 of the Guru Nanak Dev University Calendar-1999, Volume I.
(2.) Case of the petitioner is that he joined service as Technician on ad hoc basis on 9.9.1992 and was later regularised and promoted as Senior Technician. He had abdominal complication for which he visited Canada with the permission of the University in November 2005 but proposed surgery was postponed and he returned to India. For visiting Canada again, the university gage 'No Objection' and the petitioner applied for leave, which was not granted, even though, there was provision for extra ordinary leave as per Statute 75.2 of the Statutes.
(3.) According to the University, the petitioner applied for leave to visit his relatives on 23.4.2003. He sought extension with effect from 5.2.2004 on the ground that he could not return from Canada on account of unavoidable circumstances. He, thereafter, sought extension w.e.f. 5.11.2004 on the ground of "domestic problem of the family". Another application dated 5.4.2005 was made for extension of leave on identical ground. On 27.10.2005, the petitioner applied for commuted medical leave. On 24.1.2006, after gap of leave for three years, the petitioner joined but after one month, sought leave for 48 days, which was due in his leave account, which was accepted. After expiry of earned leave and all other leave in his account, the petitioner applied for further leave from Canada on 27.3.2006 on account of "unavoidable circumstances". No leave being due, application was declined and he was required to join on or before 30.4.2006 failing which the post occupied by him was to be declared vacant in terms of Regulation 74, which is as under :- "If the officer remains absent without leave or overstays his leave, he shall forfeit all his salary for the time of his absence and if he remains absent without leave or overstays his leave for more than one week, his office shall be declared vacant and he shall be liable to pay an amount equivalent to his salary, in lieu of notice for the prescribed period. However, the competent authority may grant exemption from such recovery on the merit of the case." Since the petitioner did not join, he was again informed and given time till 22.5.2006. Thereafter, on 5.6.2006, the post occupied by the petitioner was declared vacant.;