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2000 Supreme(All) 651

V.M.SAHAI
OM PRAKASH – Appellant
Versus
SUPERINTENDING ENGINEER, NALKOOP DIVISION – Respondent


V. M. SAHAI, J.


( 1 ) THE petitioner was appointed on March 31, 1991 as Chaukidar under the Dying in Harness rules by the Executive Engineer, Laghu Dal Nahar Division, Varanasi. On April 18, 1998 when the petitioner was going to office he met with an accident near Bus Stand, Varanasi in which he was seriously injured. He was hospitalised. He informed the Executive Engineer/respondent No. 3 on May 18, 1998 by letter sent under postal certificate that he was seriously injured, his Spinal cord was affected, and he suffered injury in his leg, therefore, medical leave be granted to him. He was under medical treatment in Government Ayurvedic Hospital from April 18, 1998 to June 8, 1998. On June 16, 1998 he sent a letter to respondent No. 3 informing respondent No. 3 that he could not get any relief from Ayurvedic medicines and he being referred by Ayurvedic hospital to Allopathic Hospital for treatment. Therefore, he requested that his absence be condoned. He remained under treatment in Allopathic Hospital from June 9, 1998 to January 15, 1999. He was again referred to Kamlapati Tripathi Hospital where he was under treatment from january 16, 1999 to January 25, 1999. He on February 20, 1









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