1. The appellant-Zahoor Hussain Zargar, working as Assistant Engineer (Mechanical) in the Public Works Department of the State Government, was granted two years' Extra Ordinary Leave with effect from 25.05.81 to 24.05.83. He, however, did not join duty on expiry of the period of Leave. He submitted his Joining Report on 09.06.92, i.e., after a period of more than nine years. The respondents did not accept the Joining Report, aggrieved whereby, he approached this Court by his Writ Petition SWP No. 1138/93. A learned Single Judge of this Court, allowed the Writ Petition on 15.07.1994, directing as follows:-

"By a Writ of Certiorari, I hereby quash the impugned Communication No. EC-1-5/10218 dated 14 Sep. 1992, which is held as illegal, unconstitutional and bad in law. Consequently, by a Writ of Mandamus, I command the respondents to accept the joining report of the petitioner with effect from 9th of June, 1992 and direct them to suitably post him as Asstt. Executive Engineer and pay him all the dues and other allowances as admissible under rules. He is also held entitled to all the consequential benefits. However, the Government shall be at liberty to institute any enquiry into the matter of alleged unauthorized absence of the petitioner from duty, if any, if it so chooses. The said enquiry, if made, shall be strictly in accordance with law, keeping in view the mandate of Article 311 (2) of the Constitution of India corresponding to Section 126 (2) of the Constitution of Jammu and Kashmir as also the provisions of Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, on the subject.

The petitioner is also held entitled to cost assessed at Rs.2000/-."

2. Pursuant to the liberty allowed by the Court, the State-respondents, held an enquiry into the matter, And after hearing the appellant therein, treated his "unauthorized absence" from 25.05.83 to 08.06.92 as "Dies-non" vide Government Order No. 91-PW of 2000 dated 28.03.2000, which, is reproduced hereunder, for facility of reference:-

"Government of Jammu and Kashmir

Civil Sectt. Public Works Deptt.

Subject:- Unauthorized absence of Shri Zahoor Hussain Zargar Assistant Executive Engineer (Mechanical).

Government Order No. 91-PW of 2000

Dated : 28.03.2000

1. Whereas, extra-ordinary leave, without allowances, for two years was sanctioned in favour of Shri Zahoor Hussain Zargar the then Assistant Engineer Mechanical (now A.E.E) vide Govt. order no. 250-PW of 1981 dated 25.05.1981;

2. Whereas said Zahoor Hussain Zargar had to resume his duties on 25.05.1983 after the expiry of two years leave sanctioned in his favour vide aforesaid Govt. order;

3. Whereas the officer submitted his joining report on 09.06.1992 which was not accepted by the Chief Engineer, I & FC Deptt. Vide his letter no. EC-1-5/10218 dated 14.09.1992;

4. Whereas the said officer approached the Hon'ble High Court in SWP No. 1138/93;

5. Whereas the Hon'ble High Court disposed of the writ petition on 15.07.1994 with following directions:

"The result is that the petition is allowed. By a writ of certiorari I hereby quash the impugned communications no. EC-1-5/10218 dated 14.09.1992 which is held as illegal, unconstitutional and bad in law. Consequently, by a Writ of Mandamus, I command the respondents to accept the joining report of the petitioner with effect from 9th of June, 1992 and direct them to suitably post him as Asstt. Executive Engineer and pay him all the dues and other allowances as admissible under rules. He is also held entitled to all the consequential benefits. However, the Government shall be at liberty to institute any enquiry into the matter of alleged unauthorized absence of the petitioner from duty, if any, if it so chooses. Such enquiry, if made, shall be strictly in accordance with law, keeping in view the mandate of Article 311 (2) of the Constitution of India corresponding to Article 126 (2) of the Constitution of Jammu and Kashmir as also the provisions of Jammu and Kashmir