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2023 Supreme(Ker) 978

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
B. Suresh, S/o Late. K. Balakrishnan – Appellant
Versus
Chief Engineer & Administrator – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.S.GOPALAKRISHNAN NAIR
For the Respondent: SRI.K.S.PRENJITH KUMAR

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

This original petition is filed by the applicant before the Central Administrative Tribunal, Ernakulam Bench, challenging the order of the Tribunal in OA No.131 of 2020.

2. Brief facts of the case are as follows;

The petitioner/applicant was the driver in the Andaman Lakshadeep Harbour Works, who was originally appointed as temporary driver on adhoc basis on 28.05.1984. Thereafter, his appointment was confirmed as per Annex.A2 order dated 22.08.1990. According to the petitioner, he fell ill in 1994 due to Hepatitis and hence, applied for leave along with Annex.A3 Medical Certificate dated 21.01.1994 issued by a hospital at Port Blair. According to the petitioner, the leave was being extended in support of Medical Certificate and after recovering from his illness, he reported for duty on 02.02.2011. However, he was not permitted to rejoin duty and was informed that his service has been terminated on account of long absence. Aggrieved by this, though the petitioner has approached the Kolkatta Bench of the Central Administrative Tribunal with OA No.141/AN/2011, it was withdrawn due to the pendency of an appeal filed by the petitioner before the appellate

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