Rajasthan High Court Stays Order Treating Employee's 5-Year Absence As Voluntary Resignation

The Rajasthan High Court has stayed an order of the State government treating an employee's prolonged absenteeism as voluntary resignation, opining that the matter warranted interim protection in light of medical hardships faced by the employee.

Justice Sameer Jain was hearing a petition challenging the order of the State that treated petitioner's willful absenteeism for approximately 5 years, as voluntary resignation from service.

It was the case of the petitioner that multiple leave applications were filed by the petitioner which were either sanctioned partially without pay or were rejected without communication.

The petitioner made a reference to the Supreme Court case of Krushnakant B. Parmar Vs. Union of India & Ors., in which it was held that unauthorized absence owning to compelling reasons that were beyond employees' control could not be treated as willful absenteeism.

It was submitted that due to his mother's diagnosis and treatment of cancer, that included around 80 chemo therapies, the petitioner was compelled to remain absent due to reasons beyond his control.

After hearing the contentions, the Court observed,

“Upon consideration of the aforesaid facts and the medical hardship suffered by the petitioner's mother, this Court is of a view that all the essentials for granting an interim relief namely, prima facie case, balance of convenience, and irreparable injury in case of non-grant of interim relief, at this stage, are drawing equity in favor of the petitioner.”

Hence, the Court stayed the impugned order till next hearing, and directed the State to allow the petitioner to resume his duties.

Title: Vikash Gupta v District and Sessions Judge

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