Allahabad High Court
Tillu vs State Of U.P. And 3 Others on 6 October, 2017
Bench: Ashok Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 4 A.F.R.
Case :- WRIT - A No. - 51095 of 2015
Petitioner :- Tillu
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sanjay Kumar Jaiswal
Counsel for Respondent :- C.S.C., Sahab Tiwari,Saurabh Tiwari, Sita Tiwari
Hon'ble Ashok Kumar,J.
By means of the present writ petition the petitioner has challenged the order dated 11.8.2015 passed by the Executive Officer, Nagar Palika Parishad, Sirsaganj, District Firozabad by which the services of the petitioner has been terminated.
The brief facts of the present case are that the petitioner has been selected for the appointment of 'Safai Karmchari' on the basis of contract in Nagar Palika Parishad, Sirsaganj, District Firozabad under the G.O. dated 9.5.2006. A committee has been constituted by the order of the District Magistrate, Firozabad dated 30.5.2006 and on the basis of the interview the petitioner being successful and has been given the appointment on the contract of Rs.2130/- per month which was required to be enhanced by Rs.100/- yearly. All the requisite documents as are necessary has been submitted by the petitioner and as per order passed by the respondent no.4, the Executive Officer, Nagar Palika Parishad, Sirasaganj the petitioner has joined on the post of 'Safai Karmchari' on contract basis on 23.6.2006 in pursuance of the appointment letter dated 23.6.2006.
The petitioner worked as 'Safai Karmchari' till June 2014, however suddenly the petitioner left the job on his own without disclosing any reason or without even giving any intimation.
The contention of the petitioner is that he was absent from his services on account of ailment which is diagnosed as Tuberculosis and therefore, he started his treatment and finally the medical fitness certificate has been issued in his favour by the District Hospital, Firozabad certified therein that the petitioner is fit to work as 'Safai Karmchari'. This fitness certificate has been issued by the District Hospital, Firozabad on 14.2.2015.
After about a gap of 8 months the petitioner has applied, by submitting a written application dated 23.2.2015, for his reinstatement on the post of Safai Karmchari which was a post on contractual basis and it is alleged that since no heed has been paid the petitioner has filed a Writ Petition No. 16138 of 2015 which has been disposed of by this Court vide order dated 27.3.2015 directing the respondent no.4 to decide the representation of the petitioner.
In pursuance of the direction of this Court dated 27.3.2015 the Executive Officer, Nagar Palika Parishad, respondent no.4 has decided the representation of the petitioner by a reasoned order in which it has been clearly indicated that vide letter dated 31.7.2014 and 12.8.2014 respectively the intimation has been given to the petitioner that he is absent from his service without any intimation since 22.7.2014 and on account of his absent the cleanness work is being suffered. In the letters aforesaid issued by the Executive Officer it has been clearly indicated that in case if the petitioner wants to continue his services he has to immediately join the same and contact the concerned authority by means of a written explanation explaining the reasons for his absence. It is further mentioned in the said letters and it has been clearly indicated by the Executive Engineer, Nagar Palika Parishad that in case, if the petitioner will not submit his written explanation then his services shall be treated deemed to be cancelled. It is indicated in the impugned order dated 11.8.2015 that the petitioner was not available at his residence hence the notice has affixed at his residence and further clearly indicated that the conduct of the petitioner is not proper and acceptable therefore his services are being terminated.
It is further indicated in the impugned order that the brother of the petitioner is involved in criminal activities against whom an FIR has been lodged at P.S. Sirsaganj and on account of the said FIR not only his brother was absconding but also the entire family including the petitioner.
For the reasons aforesaid so explained in the impugned order dated 11.8.2015, the services of the petitioner are terminated. The petitioner therefore has challenged the said order dated 11.8.2015 before this Court by means of the present writ petition.
I have heard learned counsel for the petitioner, Sri Sanjay Kumar Jaiswal and learned standing counsel.
I have perused the impugned order as well as para wise reply/counter affidavit filed by the counsel for the respondent nos. 2 and 3.
In the counter affidavit in para 7 it is stated that the petitioner was absconding from his house and was continuous absent from his service for the reason that an FIR has been lodged against the brother of the petitioner under Section 363, 366 IPC and therefore, the explanation offered by the petitioner claiming that he was suffering from ailment is not correct.
From perusal of the record it is crystal clear that the petitioner admittedly has absent from his duties as a 'Safai Karmchari' for a period of about 8 months for which no proper explanation has been offered and the explanation which has been offered was not acceptable. The reason for absence of the petitioner from his service was that he was absconding along with family members for about 6 months and was not ever available at his residence. This fact is established on the basis of the fact that the notices issued by the respondent no.4, Executive Officer, Nagar Palika Parishad are not served upon the petitioner as neither the petitioner was available at his residence nor any one else of his family and having no way out the notices are served through the affixation.
Since the petitioner was appointed as a Safai Karmchari under a contract and admittedly was absent from his duties without any proper reasons as such was absconding from his residence due to reason given hereinabove, no case is made out to interfere under Article 226 of the Constitution of India.
The writ petition is accordingly, dismissed.
Order Date :- 06.10.2017
S.S.
