N.L. Tibrewal, J. - (1.) . This petition exhibits gross callousness about the functioning of the concerned office of the Medical and Health Department. On 2.8.96, after hearing learned counsel for the parties, this Court (Hon'ble V.K. Singhal, J.) passed the following order : "The Director, Medical and Health Services, is directed to initiate disciplinary action within 15 days from today against the C.M.H.O. Jaipur, who was respondents for not taking any action against the petitioner for his alleged absence from 4.10.85 onwards. The record is also stated to be missing from the office, which aggravates the situation and, therefore, complete enquiry be made and all the concerned persons who are responsible or involved, should be made liable for the negligence they have committed. The case is listed on 21.8.1996. The C.M.H.O. Jaipur would also be present in Court on that day."
(2.) The matter was finally heard on 2.9.96 in order to resolve the controversy. Resume of the necessary facts may be given as under : The petitioner was initially appointed on the post of Peon in the year 1961 and it appears that he was working continuously on the said post till 28th September, 1985. Thereafter, the petitioner did not attend his duties and according to him, he was suffering from mental disease and was not in a position to attend his duties. However, it appears that no action for his absence was taken by the concerned Officer of the Department. No notice was given to the petitioner for his absence nor any inquiry was held. His services were also not terminated by the respondents. On 27.2.93 he appeared before the Medical Officer, Block Primary Health Center, Bhandarej with written report to allow him to resume duty. Admittedly, he has not been allowed to resume his duties inspite of several requests in writing and representations made to the higher authorities, including the Chief Medical Officer, Dausa.
(3.) The petitioner has, therefore, approached this Court with a prayer to seek mandamus and direction to the respondents to take him in service with all consequential benefits. He is also claiming benefits of the intervening period between 4.10.85 to 26.2.93 during which he remained absent. In return, the respondents have not disputed that the petitioner was appointed in the year 1961, for that, he did not work in the department from 28th September, 1984. Their plea is that the petitioner, was transferred from Primary Health Center, Bhandarej to Government Hospital, Goneda vide order dated 17.9.85 passed by the Chief Medical and Health Services, Jaipur, but he did not join thereafter. Their pleas is that the petitioner has remained absent continuously and wilfully from September, 1985 and as such, he shall be deemed to have ceased to be a Government servant by operation of law.;