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2021 Supreme(Kar) 108

M.NAGAPRASANNA
C. Ramesh S/o Sri. A. Chelladurai – Appellant
Versus
Hindustan Aeronautics Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Subba Rao, Sri. Satheesha N.
For the Respondents: Sri. Syed Kashif Ali, Sri. Sundaraswamy, Sri. Ramdas.

ORDER :

1. The petitioner in this writ petition has called in question the order of dismissal dated 30.12.2016, passed by the respondents-Hindustan Aeronautics Limited (hereinafter referred to as ‘HAL’ for short) dismissing the petitioner from service on the allegations of unauthorized absence and the order of the Appellate Authority dated 06.07.2017, affirming the order of dismissal.

2. Brief facts of the case leading to the filing of the writ petition, borne out from the pleadings are as follows:-

    The petitioner joined the services of the HAL in Research and Design Division as Engineer, Grade-II and worked at the Division located in Bengaluru for about one year and six months. During his service at Bengaluru, the petitioner developed serious health issues and got affected with chronic bronchitis and asthma. The problem of the petitioner was attributed to the weather of the City of Bengaluru.

3. The petitioner submitted a representation to the respondents-HAL to transfer him to the Detachment Air Force Station at Tambaram, Chennai. The request was acceded to and the petitioner was transferred to Chennai in the month of July, 2008 and worked in the same cadre upto 07.05.2015. During hi

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