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2009 Supreme(Ker) 143

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
Indian Council of Agricultural Research – Appellant
Versus
C. T. Abraham – Respondent


Advocates Appeared:
For the Petitioners:P. Jacob Varghese, SC, ICAR. For the Respondents: C. Unnikrishnan, CGC.

Judgment:-

Balakrishnan Nair, J.

W.P.(C) No. 27950 of 2007

The applicant in O.A.No.593 of 2004 before the Central Administrative Tribunal, Ernakulam Bench is the writ petitioner. The respondents herein were the respondents in that Original Application. Challenging Ext.P6 order of the Tribunal in the said Original Application, this Writ Petition is filed.

2. The brief facts of the case are the following. The petitioner joined the service of the Indian Council of Agricultural Research(in short "the I.C.A.R.") as Land Surveyor and Head Draughtsman in 1958. In 1975, he was granted leave for two years to go to Oman. On the expiry of the leave period, the petitioner requested for extension of leave. But, there was no response. Though, the respondents claimed that they have issued letters to the petitioner to re-join duty, in his last known address, no such letters are available in the files. Finally, the petitioner was informed by communication dated 29.1981 that his services were terminated with effect from 211.1980.

3. Challenging the said order, he filed a Writ Petition before the Rajasthan High Court. The said writ petition was later transferred to the Jodpur Bench of the Central Admi














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