M.K.HANJURA, J. - (1.)The facts that stem out from the instant petition are that the petitioner was initially on 9.2.1988 engaged as a daily-rated worker in the respondent department and he continued to serve as such till 31.01.2013. In terms of the relevant rules and regulations incorporated in SRO 64 of 1994, the petitioner was due to be regularised on 9.2.1995 on the completion of seven years' continuous service as a daily-rated worker. The petitioner was denied the benefit of the said SRO. He knocked at the doors of the court for the redressal of his grievances and the court directed the respondents to regularize the petitioner on the due date. It is contended that the petitioner fell ill and could not attend to his duties with effect from 12.11.1996 to 26.11.2000 and later on he came to be retired on 31.1.2013. The petitioner was regularised vide order dated 10.02.2014 with effect from 01.4.1995 and it was directed that the period during which he did not work shall be decided separately. Later on by virtue of the impugned order this period of absence was treated as "dies non" and it is this action of the respondents that the petitioner has challenged in this writ petition inter alia on the grounds that it is illegal and arbitrary. He has also contended that he has not been given an opportunity of being heard while passing the said order.
(2.)The respondents have vehemently contested the claim of the petitioner by stating that the petition of the petitioner is devoid of any merit and substance. He voluntarily left the service on 12.11.1996 without following the due procedure and resumed the duty on 26.11.2000. It is also stated that the services of the petitioner were regularised after his retirement and the administrative department vide order dated 8.9.2015 has observed that "dies non" is applicable to the regular employees only under the rules in vogue. The petitioner was regularised after the period of his absence from the duty and hence there has beena break in his services and the period of this absence from the duty has to be deleted from his service record.
(3.)Heard and considered.