1. The present writ petition has been filed seeking direction on the respondent authorities to sanction the leave of the petitioner as authorized absent and also prayed to reinstate the petitioner with all consequential benefits.

2. The petitioner has joined the service as Assistant Engineer in the State Government, R & B Department on 07.08.1980. It is the case of the petitioner that on 10.04.2001 while working at Padra, District Vadodara, he suffered heart attack and was hospitalized. He was advised complete rest and thereafter, the petitioner applied for medical leave from 10.04.2001. It is the case of the petitioner that since he needed better treatment, he left for Canada on 12.11.2002 and he used to regularly send medical certificates to the respondent authorities from there. Thereafter, he resumed his duty on 17.01.2004 and was posted at Nadiad. Since the petitioner was not keeping good health, he submitted an application to the Deputy Secretary for voluntary retirement and requested to relieve him with effect from 31.03.2004. The request was forwarded with recommendation by the Superintendent Engineer and retirement papers were also processed. Thereafter, the petit