WP(C) 488/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA The prayer made in the writ petition is as follows: Under the aforesaid facts and circumstances your humble petitioner prays that y our Lordship would be pleased to admit this petition, called for the records iss ue rule calling upon the respondents to show cause as to why a writ in the natur e of mandamus and/or any other writ/order or direction shall not be issued, dire cting/commanding the respondents to allow the petitioner to join in his post and thereafter be pleased to direct the respondent to release his arrear salaries. And after hearing the parties cause or causes being shown make the rule absolute , granting adequate relief to the petitioner in the interest of justice. According to the petitioner, he could not attend his duties w.e.f. 01.11 .2001 due to his Pulmar Tuberculosis and accordingly he had applied for leave. I t is the case of the petitioner that leave was granted by order dated 07.11.2001 and had joined school on 15.12.2001 by submitting joining report. Thereafter he had again suffered from the same disease and had to remain absent from duties w .e.f. 01.06.2002 to 22.11.2003. Although on 24.11.2003 he had gone to school to resume his duties, but he was not allowed to do so. The prayer for leave was als o not granted. Now after 7 years thereafter, the petitioner has invoked the writ jurisd iction of this Court with the aforesaid prayer. On the face of it, there is dela y and laches on the part of the petitioner on which ground alone the writ petiti on is liable to be dismissed. As per written instruction submitted to Mr. M.R. Pathak, learned Standin g counsel, Education Department by the Director of Secondary Education, Assam th e petitioner was absent from duties from 01.11.2001 without any information and had submitted medical certificate on 07.11.01. However, he did not submit any le ave application to the Headmaster of the school or to any other authority. Thus, no leave was granted. According to the written instruction, the petitioner did not submit his joining report. The petitioner was completely absent from duty without giving an y information. It has further been stated that the submission of the petitioner that he had submitted medical certificate covering the period from 01.06.02 to 22.11.03 is also false as no such certificate was submitted to the Headmaster of the school. As per the written instruction, show cause notice was issued to the peti tioner for his unauthorised absence from duty vide notice dated 25.10.02 with a direction to submit show cause reply within 15 days, but the petitioner did not respond to the said show cause notice. In view of the above, the statements made in the writ petition are compl etely false. If the petitioner was not allowed to resume his duty as stated in t he writ petition, he ought to have submit departmental representation and/or app roach this Court at appropriate time. He having not done so and having approache d this Court only after 7 years of his alleged grievance and in view of the afor esaid facts and circumstances of the case, the aforesaid prayer made in the writ petition cannot be granted. The writ petition is dismissed. The written instruction furnished by Mr. M.R. Pathak, learned Standing counsel shall form part of the records.