JUDGMENT :

BRIEF FACTS OF THE CASE :

1. The petitioner, through the medium of the instant petition, has called in question Order bearing No. Estt/Dism/7221/38BN/2008/1562-75 dated 4th February, 2008 passed by Respondent No.3 and has also prayed for summoning of the record from the respondents-office. Besides, the petitioner is seeking a Writ in the nature of Mandamus directing the respondents to reinstate the petitioner in his original position and pay him all the service benefits as accrued to him with effect from 4thFebruary, 2008 till date with all consequential benefits, which are due to him since 2007.

ARGUMENTS ON BEHALF OF THE PETITIONER :

2. It is submitted by the learned counsel for the petitioner that the petitioner was appointed as Cook in Border Security Force on 23rd March, 1996 and he proceeded on leave with effect from 5thJune, 2007 to 22nd July, 2007. The petitioner belongs to a far-flung area of Tehsil Karnah District Kupwara. It is the specific case of the petitioner that when the petitioner reached his home town, all of a sudden, the health of the petitioner deteriorated and the petitioner was accordingly, admitted to Sub District Hospital Tangdar Karnah on 15th J