IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9685 of 2000 MAHENDRA THAKUR Versus THE STATE BANK OF INDIA & ORS ----------- 9/ 18-Aug-08 Heard learned counsel for the petitioner and learned counsel for the respondents’ bank. From the averments in the writ petition and in the counter affidavit it transpires that after the petitioner who was a Guard in service of State Bank of India, was transferred from Maheshkhut Branch to Barasar Branch in 1981, he lost interest in performing his duties and proceeded on leave on 12.9.1981 first for four days and thereafter he continued sending leave applications without ever reporting for duty and without caring that no leave was due to him. On behalf of petitioner it is admitted that ultimately notice was issued against him through newspaper publication on 11.12.1985 that if he does not join his service within ten days then it will be presumed that he has left the job. On behalf of respondents bank it has been shown from the counter affidavit that in terms of Fourth Bipartite Settlement petitioner’s conduct comes in voluntary cessation of employment since he had absented from work for a period of more than 90 consecutive days without any leave to his credit. It has also been shown that 2 as per terms of agreement a notice was given to the petitioner lastly on 8th December, 1983 at his last known address but in spite of such notice to join within 30 days petitioner did not join. As an extra indulgence later, a newspaper notice was also published on 11.12.1985 but even then the petitioner never joined and he kept on making one excuse or the other but never reported to the bank for joining his service. This writ petition has been filed on 21.9.2000 asking for a direction to the respondent bank to allow the petitioner to join his post of Guard in the respondent bank after a continued absence of about 19 years from service. In the facts and circumstance of the case, this Court finds no merit in the writ petition. It is accordingly dismissed. perwez (Shiva Kirti Singh, J.)