THE HON’BLE MRS JUSTICE T. MEENA KUMARI Writ Petition No. 20267 of 2000 Dated: 17-06-2010 Between P Somasekhar, s/o. late P Obulesu Age 40 years, worked as L.D.C., ERO Cuddapah, D.No. 4/481, Vivekananda Nagar, Cuddapa ..Petitioner And 1. The Superintending Engineer, Operation Circle, AP TRANSCO Cuddapah And another Respondents THE HON’BLE SMT JUSTICE T. MEENA KUMARI Writ Petition No. 20267 of 2000 ORDER : 01. This writ petition is filed seeking a writ of Mandamus declaring the action of the 1st respondent herein treating the petitioner as per Notification dated. 12-9-2000 has resigned from services with effect from 19-9-1996 as illegal, arbitrary and for consequential direction to the respondents to issue re-posting orders forthwith to the petitioner as L.D.C, E.R.O. Cuddapah. 2. The case of the petitioner is that the petitioner is working as LDC ERO Cuddapah since 1992 and initially he applied for leave from 19-9-1996 to 3-10-1996 and went to Delhi, that as he was attacked with paralysis he took treatment in a private hospital at Delhi from 3-10-1996 to 9-10-1996 and thereafter at Primary Health Centre, Delhi since 10-10-1996, that the first respondent issued a memo dated. 29-11-1999 asking him to present to duty within 15 days time and on receipt of the same the petitioner went to Cuddapah and submitted a representation on 16-12-1999 requesting for issuance of posting orders, and as there was no response from 1st respondent he got issued a legal notice dated. 20-6-2000 and that thereafter he received information from the 1st respondent that the matter is pending with the Head Quarter Office and later the 1st respondent issued notification on 12-9-2000 that as the petitioner has been continuously absent from duty for more than one year it is deemed that he has resigned from service as per ASEB Revised Conduct Regulations. Hence, he filed the present writ petition challenging the said notification. 3. The case of the respondents is that the petitioner has proceeded on earned leave for a period of 15 days from 19-9-1996 to 3-10-1996 and thereafter he neither reported for duty nor submitted further extention of leave application and on 22-11-1997 petitioner sent a representation requesting to grant leave from 1- 11-1997 to 31-1-1998 but in the said letter the petitioner did not mention any thing about his ailment and address for correspondence. It is also the case of the respondents that as the notices sent to the petitioner were returned un-served, they got issued paper publication for personal appearance of the petitioner, but he neither attended nor made any representation to the respondents. The petitioner even did not appear before the enquiry officer appointed for the said purpose by the respondents. Therefore, the respondents based on record and as per APSEB Revised Conduct Regulations that “any employee of the Board who remained un-authorizedly absent from duty for a continuous period of one year shall be deemed to have resigned from service from the date of absence and shall automatically cease to be Board employee” issued the present notification. 4. Learned Standing Counsel for the respondents-Board also contended that the petitioner was continuously absent for three years and did not file any medical certificate showing that he took treatment for the alleged ailment. He also contended that even after issuing a notice for the personal appearance of the petitioner, he did not appear before the enquiry officer and therefore as per the provisions of APSEB Revised Conduct Regulations, Notification dated. 12-9- 2000 was issued treating the services of the petitioner were terminated as resigned. 5. Having heard both counsel and upon perusal of the record, it is evident that no material is placed before this court that the petitioner applied for any leave or his appearance before the enquiry officer or submitting any medical certificates. Therefore, this court is of the opinion that the above conduct of the petitioner disentitles him to claim any relief in this writ petition. 6. This writ petition is, therefore, dismissed. No costs. _____________________ T. MEENA KUMARI, J Dt. 17.6.2010 kvrk THE HON’BLE MRS JUSTICE T. MEENA KUMARI Writ Petition No. 20267 of 2000 Dated: 17-06-2010