Hon’ble Rajesh Singh Chauhan, J.—Heard Sri Sandeep Dixit, learned counsel for the petitioner and Sri Vishal Verma, learned counsel for the State-respondents.

2. The brief facts of the case are that the petitioner is M.D. in Anesthesiology and has worked on the post of Demonstrator in Lala Lajpatrai Medical College, Meerut from August, 1970 to September, 1971. On 1.10.1971 the petitioner was appointed on the post of Lecturer in the Department of Anesthesiology after being recommended by the U.P. Public Service Commission in Maharani Laxmi Bai Medical College, Jhansi. Thereafter, the petitioner was appointed on the post of Reader on 27.7.1973 and promoted on the post of Professor on 26.10.1986.

3. On 17.5.1994 the petitioner was transferred from Jhansi Medical College to Moti Lal Nehru Medical College, Allahabad on the post of Professor in the Department of Anesthesiology. When the petitioner was transferred to Allahabad Medical College his name was being sponsored by the Foreign Assignment Section, Ministry of Home Affairs, Government of India for vacancy of medical professionals with the Ministry of Health, Saudi Arabia. After necessary formalities having been completed the Director General, Medical Education and Training recommended the relieving of the petitioner vide letter dated 7.6.1994 to the Secretary, Medical Education and Training, Government of U.P. specifically mentioning that the petitioner can be granted extraordinary leave for a period of five years.

4. On 4.2.1995 the petitioner wrote a letter to the Principal, Medical College, Allahabad that his period of deputation at Riyad, Kingdom of Saudi Arabia of one year would be completed on 10.6.1996, so allot him house in the Medical College, Allahabad so that after joining he may bring his family to Allahabad. The aforesaid letter clearly reveals that the petitioner was willing to come back to India, more precisely, at the place of his parent posting i.e. Medical College, Allahabad. The petitioner had duly endorsed the copy of the aforesaid letter to the Director General, Medical Education and Training, U.P.

5. It is noted that on 18.2.1995 the Medical Directorate of Saudi Arabia wrote a letter to the Embassy of India to make necessary arrangements to permit the petitioner for one more year on deputation. However, the petitioner wrote a letter on 29.3.1995 to the Director General, Ministry of Health Affairs, Riyad requesting there in that his appointment be not further extended for another one year as he was not inclined to continue at Riyad. The petitioner endorsed this letter to the Embassy of India also. In the meantime the Embassy wrote a letter to the Joint Secretary, Medical Education, Lucknow in the month of April, 1995 for extension of one another year period of deputation for the petitioner, however, the petitioner was not aware about the aforesaid correspondence, therefore, he wrote a letter to the Principal, Medical College, Allahabad on 6.4.1995 that he would be returning back to India on 11.6.1995, therefore, he may be allotted Government accommodation.

6. On 17.3.1996 when the petitioner completed one year of deputation, the Hospital Director of Riyad wrote letter to Secretary, Medical Education through Ministry of Health that the services of the petitioner are required for one more year and further requested that the petitioner be permitted to work one more year on deputation on extraordinary leave.

7. On 27.3.1996 the Embassy of India also wrote a letter to the Secretary, Medical Department, State of U.P. enclosing a letter written by the Hospital Director, Riyad, Saudi Arabia to take appropriate action. Therefore, in view of the aforesaid facts and circumstances the petitioner continued at Riyad, Saudi Arabia.

8. After returning from Riyad, Saudi Arabia the petitioner submitted an application in the office of Director General, Medical Education and Training, U.P. on 10.4.1997 to the effect that it should be treated as his joining and necessar