s^ HIGH COURTOF CHHATTISGARH AT BILASPUR DIVISiON BENCH Coram : HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI T.P. SHARIVIA, J. PETITIONER APPELLANT RESPONDENTS WRIT APPEAL No. 59 of2609 Saianand Sjngh,aged 41 years, Son of Ramsingh, Ex Driver, Chief Medical & Health Officer, Durg (C.G.) Versus 1. State Government of Chhattisgarh, Through the Secretary, Public Health Department Mini'str)f, D.K.S. Bhavan, Raipur (C.G.) 2. The Director & Health Services, Mantralaya Campus, Raipur 3. Chief Medical & Health Officer, District Hospital, Durg. 4. Satrughan Manjhi, aged about 30 years, Driver, Chief Medica! & Health Office, Durg. WRITAPPEL UNDERSECTION2(1)OF THE CHHATTISGARH HIGH COURT(APPEALTODIVISIONBENCHIACT.2006157-10(A)2HIGH COURT OF GHHAfTISGARH RULES. 2005 Present: Shri N.K. Chattenee, learned counsel for the appellant. Shri Sumesh Bajaj, learned Government Advocate for the State/respondents No. 3, 2 and 3. JUDGMENT (24th March, 2009) The following judgment of the Court was passed by Rajeev Gupta, C.J.: ittilnnwn ^^Sj 35 /'• Leamed counsel for the parties are heard on I.A. No.01/2009, an application for condonation of delay in filing the appeal. 2. On due consideration, weare satisfied thatthe appellant has succeeded in showing sufficient cause for the delay in fiiing the writ appeal. 3. I.A.No.01/2009, therefore, isallowedand thedelayinfiling the writ appeal isherebycondoned. 4. Learned counsel for the parties are heard on admission. 5. Appellant Satanand Singh has filed this writ appeal against the impugned order dated 17.11.2008 passed in W.P.(S) N0.6389/2)08. 6. The appellant / petitioner had filed the writ petition for the following reliefs: "10.1 That the impugned order No. Legal Cell/2007/8731 dated 04.10.2007 may kindly be quashed. 10.2 That the respondents may kindly be ordered to allowthe petitionerto join duty and to make payment of the salary from the date ofjoining dated 26.04.2005 with all consequential benefits. 10.3 That anv other reliefwhich the Hon'ble Court . deems fit may kindly also be allowed." 7. The petitioner, thus, in substancewasseeking quashing of the order da^ted 04.10.2007, wherebythe appellant's representationwas disposed of by respondent No.3. 8. Appellant - Satariand Singh, who was appointed as Driver on Daily Wages inthe year 1986 remained absent unauthorizedly ^ r'- from duties for a periodof about 12years from 1993 titl 2005. It appears that the appellant, thereafter, sought permission to join his duties which the respondents are said to have declined. This led to filing ofthe earlier writ petition by the appellant before the High Court, which was disposed of with a direction to the respondents to consider his representation vide order dated 11.09.2007. The petitjoner's representation thereafter was considered by respondent No. 3 - Chief Medical & Health Officer, District Hospital, Durg vide order dated 04.10.2007 wherein it was mentiorted that as the appellant remained unauthorizectly absent from duties for a period of 14 years and as no vacant post of Driver was availabte in the Department, the appellant cannot be permitted to join his duties again. 9. Shri N.K. Chatterjee, learned counsel for the appellant vehemently argued that respondent No. 3 - Chief Medical & Health Officer, Distrtet Hospital, Durg has illegally declined to permit the appellant to join his duties. Learned counsel further submitted that the appellant couid not attend his duties for a period of 12 years on account of his ilt-health. 10. On due consideration of the submissionsof learned counsel for the parties and the fact that the appellant remained unauthorizedly absent for a period of 12 years, we do not flnd any infirmity. either in the order dated 04.10.2007 passed by respondent No.3 on the appellant's representation or the impugned order dated 17.11.2008, whereby the appellant's writ petitiOn was dismissed. l<i!iiiiii;iititB'iI; •.^, •3^ 11. The writ appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. _- nimml Sd/- '' ChiefJustice SdA T.P. Sharma Judge j][!)'a)}n]li|i|iu