ORDER

Special leave granted.

2. After hearing the counsel for the parties, we are of the opinion that no relief can be granted to the appellant. It is quite evident that as per the guidelines the petitioner was allowed to proceed for employment abroad. The guidelines required an undertaking to be furnished to the effect that he will resume duty within a period of two years. It is stated by the learned senior counsel for the appellant that no such undertaking was furnished. Be that as it may, there is an order dated 13th January, 1995, on the record, which grants sanction to the appellant to take up the assignment in Oman. This appears to be an ex-post facto sanction as the appellant had proceeded for a period of two years with effect from 27th September, 1994. Para 2 of this office order according sanction states that in case the appellant fails to resume duty at Chandigarh his lien will automatically expire and he shall be deemed to have permanently left the Institute from the original date.

3. It is an admitted fact that the appellant did not come back till after 1998. It is also an admitted fact that his request for extension was rejected specifically in 1997. This bein