MUKUL MUDGAL, J.

( 1 ) THE facts leading to the filing of the present Letters Patent Appeal are discussed below. The Appellant herein, Mr. N. K. Aggarwal joined the service of the Respondent No. 2 Krishak Bharti Cooperative Limited (hereinafter KRIBHCO ). The Appellant was appointed in 1985 on the post of Traffic Assistant, and was consequently promoted in 1988 to Senior Traffic Assistant and in 1993 to Junior manager (Marketing ).

( 2 ) THE Appellant during his ten years of service did not avail of any long leave except on medical grounds on two occasions; from 12. 2. 1994 to 28. 3. 1994 and from 30. 8. 1995 to 15. 9. 1995.

( 3 ) THE Appellant was also granted Special Medical Sanction on 29. 09. 1995 for a period of three months for treatment at Moolchand Hospital, New Delhi. On 13. 11. 1995 the Appellant telephonically communicated to the Management about his suffering from viral fever combined with hypertension. Appellant was advised bed rest from 18. 11. 1995 to 1. 12. 1995 and telephonically informed Sh. B. B. Singh, consultant and Sh. Shankar Vishwas, Jr. Manager (Marketing) of his sickness.

( 4 ) IN January 1996, the Appellant had filed the writ petition c. W. P. No. 189