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2008 Supreme(SC) 1861

S.B.SINHA, CYRIAC JOSEPH
Lajpat Rai Mehta – Appellant
Versus
Secretary to Government of Punjab, Department of Irrigation & Power, Chandigarh – Respondent


JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 31.7.2007 passed by a learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Civil Revision Petition No.2764 of 2006 whereby and whereunder the Civil Revision Application filed by the respondents herein was allowed setting aside an order dated 9.2.2006 passed by learned Civil Judge, Junior Division, Amritsar.

3. Appellant herein joined the Irrigation and Power Department of the State of Punjab as a Draftsman in March 1959. He was later on promoted to the post of Head Draftsman. It appears that the appellant had remained on long leave in the years 1976 to 1980. On or about 8.4.1981, although he proceeded on earned leave for 23 days, admittedly remained on unauthorized leave thereafter. He was not allowed to join his services later on. He did not join his duties till he retired from service on 30.9.1994. He filed a suit for permanent injunction restraining the State from interfering with his discharge of duties. The said suit was dismissed. Thereafter he filed another suit for declaration that he was entitled to retrial benefits for the post of Head Draftsman in





















































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