Mansoor Ahmad Mir, C.J. - (1.) CHALLENGE in this Letters Patent Appeal is to the judgment and order, dated 9th April, 2012, passed by the learned Single Judge in CWP No. 522 of 2010 -A, titled as Mahesh Dahiya versus Himachal Pradesh State Electricity Board, whereby the inquiry proceedings and the order of compulsory retirement were quashed with a command to the writ respondent to reinstate the writ petitioner -respondent herein forthwith and to grant all consequential benefits with a further direction to open the sealed cover and promote him to the post of Superintending Engineer, if found suitable by the Departmental Promotion Committee (for short "the impugned judgment").
(2.) WRIT petitioner -respondent herein, a senior officer of the Himachal Pradesh State Electricity Board (for short "Board") was diagnosed as "Loculated Fluid Collections (Exudative) (Rt) Pleural cavity echo Tubocular" (Pleural Effusion T.B.) and was made to suffer because of the said disease. Admittedly, perusal of the pleadings of the parties does disclose that the writ petitioner -respondent herein was Senior Executive Engineer (Commercial) at the relevant point of time, suddenly fell ill, was constrained to go to Indira Gandhi Medical College and Hospital, Shimla (for short "IGMC") for his check up on 04.06.2005. After detecting the disease as tuberculosis, he was admitted in IGMC on 04.06.2005 and was discharged on 16.06.2005, vide discharge slip Annexure RJ -1 to the writ petition, was advised bed rest and after examination, he was found fit to discharge duties and accordingly, fitness certificate was issued on 23.07.2005 and he joined on 25.07.2005 and resumed his duties.
(3.) ADMITTEDLY , the writ petitioner -respondent herein had applied for leave for the said period and had also claimed medical reimbursement. The leave as well as the medical reimbursement was granted without any objection, rather, without any whisper.;