Advocate for Mr. Manpreet Singh Dua, Advocate Mr. M ocate for & Ors. v. G Bank Staff Association and a and Aligarh Muslim Univers Khan AIR & Ors.

HON'BLE MR. JUSTICE AMAN C AN CHAUDHARY Present : Mr. ***** ***** Mr. Parvez Chugh, Advocate for Mr. Manpreet Singh Dua, Advocate Mr. M ocate for the petitioner. Mr. Sehajbir Singh Aulakh, AAG, Pu Mr. S G, Punjab. ***** ***** AUDHARY, J. (ORAL) AMAN CHAUDH

#1. Praye yer made in the present petition ition is for quashing the order dated

06.05.2013 on the on the ground that no notice was giv as given to the petitioner who was working as Social Social Science Master on temporary ba rary basis.

#2. Learned State counsel refers to paras Learn paras 2 to 4 of the reply, to which there is no rebut rebuttal by filing any replication o e of tion or even during the course of hearing, read thus: d thus:- “2. That in this regard it remained unauthorizdly abs 2.7.2012. When this fact cam department that numerous tea unauthorizdly absent from the resulting into the loss of studie has negatively impacted the tea the Government Schools whe decided to take action against vide office Memo No. 17/2- rd it is submitted that petitioner .e.f. y absent from his duty w.e.f. ct came to the knowledge of the us teachers of the department are m their duty for quite a long time studies of the students and therefore the teaching learning atmosphere in re in ls where they were posted, it was gainst them as per rules. Thereafter -2012 In. (1) R: 006787 dated ASHOK KUMAR 2025.01.23 14:03 I attest to the accuracy and integrity of this document CWP-8405-2018 18 (O&M) 2

27.11.12 a public notice was p namely (The Tribune, Rozana 4.4.2013 through which show c Absentee teachers, and they we within a period of 30 days notice, as to why action should having abandoned their jobs presumed that they have nothin the matter, as deem fit, shall mention that the petitioner did means of communication. Hen the petitioner services of 02.07.2012. 3. That the Hon'ble Court in Airlines Ltd. & others 2014 ( clear cut case of voluntary aban of duty in the beginning may absence is for a long period, abandonment of service and in service came to an end automa order to be passed by the emplo In Syndicate Bank V/S G Bank Staff Association and a and Aligarh Muslim Univers Khan AIR 2000 SC 2783, this absent beyond the prescribed p kind can be granted, he shall b ceases to be in service. In suc hold an enquiry or to give any useless formalities. A similar V.C. Banaras Hindu Universi 2006 SC, 2304, Chief Enginee Rao (dead) by LRS, 2005 ( Manager, Bank of baroda V/ SCC 462. 4. That vide letter no. 2/1/201 issued by Govt. of Punjab, De Personnel-2 Branch) it has bee employee remains absent fro approval of the leave and rema it shall be presumed that he h Govt. service meaning thereb deemed resignation. After com not be allowed to rejoin the g letter dated 12.05.2017 is anne 1. It is pertinent to mention absent from job w.e.f. 02-07 was published in the News papers ) on ozana Ajit and Hindustan Times) on show cause notice was issued to the hey were called upon to show cause days from the publication of this should not be taken against them for r jobs, failing which it shall be l be n in nothing to say and further action in t to , shall be taken. It is pertinent to er did not reply to this notice by any n. Hence vide order dated 6.5.2013 013 .e.f. terminated w.e.f. itioners were urt in Vijay S.Sathaye V/s Indian it is 014 (3) RSJ 1 (SC) held that it is ry abandonment of service. Absence g may be a misconduct but when eriod, it may amount to voluntary and in that eventuality, the bonds of s of automatically without requiring any employer. V/S General Secretary, Syndicate and another AIR 2000 S.C (2198) 198) Ali niversity & ors. V/s Masnoor Ali 3, this court ruled that if a person is n is ribed period for which leave of any shall be treated to have resigned and In such a case, there is no need to d to ve any notice as it would amount to nt to d in imilar view has been reiterated in iversity & ors V/s Shri Kant AIR AIR ngineer (Construction) V/s Keshava 005 (11) SCC 229 and Regional (9) da V/s Anita Nandrajog, 2009 (9)

5.17 /1/2017-3 F.P 2/189 dated 12.5.17 ab, Department of Finance (Finance as been decided that if any officer / cer / nt from their duty without prior d remains so for more than one year t he has given resignation from his thereby it shall be treated as his er completion of such time he shall y of the government service. Copy of s annexed herewith as Annexure R- ntion that the petitioner remained 07-12 and never communicated ASHOK KUMAR 2025.01.23 14:03 I attest to the accuracy and integrity of this document CWP-8405-2018 18 (O&M) 3 with the department until in th present writ petition.” il in the year 2018 by way of filing

#3. Accordingly, the present petition is he Acco n is hereby dismissed.

22.01.2025 Whet Whether speaking Whether reportable Whet (AMAN CHAUDHARY) JUDGE Yes/No Yes/No : : ASHOK KUMAR 2025.01.23 14:03 I attest to the accuracy and integrity of this document