CWP(T) No. 3908/08 (OA No. 1847 of 1996) 18.3.2009 Present: Ms. Nidhi Sharma, vice Shri Bhubnesh Sharma, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. and Mr. Anil Jaswal, Dy. Advocate General for the respondent. The petitioner has prayed for the following relief: “(i) That the Respondents may very kindly be directed to allow the applicant to join the duties and direct to accept his joining.” The petitioner was engaged as daily rated helper in July, 1989 and worked upto June 1994. Thereafter he abandoned his job. The petitioner is stated to have submitted his alleged application for leave dated 2.7.1994 (Annexure A-1). The petitioner is drawing strength from letter dated 24.2.1995 (Annexure A-2) to contend that his application for leave had actually been submitted within time as the same was forwarded by the Assistant Engineer to the Executive Engineer in terms of said letter. The said letter was forwarded to Superintending Engineer of I&PH Circle Hamirpur. The reason given by the applicant does not find favour with the State and consequently the petitioner was not allowed to join duty as his name stood deleted from the roles. Letter dated 2.7.1994 appears to have been ante-dated as the same was forwarded by the Assistant Engineer to the Executive Engineer after a period of seven months. There is nothing on record to show as to what transpired between the said period. The petitioner also did not produce the certificates of his illness. -2- In this view of the matter the plea taken by the State that the petitioner had abandoned the job on his own volition appears to be correct. Petitioner has got no legally enforceable right and as such the prayer cannot be granted. With the aforesaid observations the present petition is dismissed. (Sanjay Karol), Judge. March 18, 2009 (PK)