Neutral Citation No. - 2025:AHC:132997 Court No. - 5 Case :- WRIT - A No. - 11210 of 2025 Petitioner :- Hemant Chaudhary Respondent :- State of U.P. and Another Counsel for Petitioner :- Shagun K. Saran,Srishti Gupta Counsel for Respondent :- C.S.C.,Om Prakash Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Ms. Srishti Gupta, learned counsel for the petitioner and Sri Om Prakash Singh, learned counsel for the respondents. 2. Petitioner was initially appointed as Daily Wager on 5.5.2014 and by subsequent order dated 31.5.2017, he was appointed on a fixed salary w.e.f. 1.6.2017. 3. It is the case of the petitioner that due to illness he remained absent and despite he has submitted applications for Medical Leave along with medical certificate, medical leave was not sanctioned and in pursuance of a proposal adopted in the meeting that employees who were appointed on a fixed salary vide order dated 29.5.2017 and thereafter remained absent, their services be discontinued and in place of them persons be appointed through outsourcing. 4. Learned counsel for the petitioner has referred a document dated 26.12.2017 i.e. an purported application submitted on behalf of petitioner to grant medical leave from 26.12.2017 to 1.1.2018 and claimed that it was duly approved as well as no notice was issued to the petitioner despite he was appointed on fixed salary, before impugned decision was taken, as such principles of natural justice were not followed. 5. Per contra, learned counsel for the respondents submitted that petitioner remained absent without leave and purported application filed by the petitioner is not available on records of the respondents as well as from a bare perusal of it, it could not be considered that medical leave was approved. 6. I have considered above submissions and perused the records. 7. As referred above, petitioner remained absent from 26.12.2017 to 1.1.2018, which was the reason that his services were discontinued. 2 8. It is on record that petitioner was put on notice dated 14.12.2017, however, he refused to accept it. Said document and the noting on it has not been substantially denied by the petitioner, therefore, principles of natural justice were substantially followed. 9. Court also takes note of the document dated 26.12.2017 which is annexed along with this writ petition and same is pasted below: 10. Court is of the opinion that words ‘Medical Leave allowed’ is not accompanied by any stamp or description of post of the Officer, who purportedly signed it. 11. Otherwise also, in normal circumstances, there must be a separate order to sanction Medical Leave, therefore, said document cannot be considered to be a genuine document. 12. Another factor which is also adverse is that there is no document which supports the claim that petitioner was ill, since 3 neither any medical prescription nor any medical certificate duly issued by the competent doctor was placed on record. 13. In the aforesaid circumstances, relief sought by the petitioner cannot be granted, since there is no reason to quash the impugned order dated 30.12.2017, whereby a decision was taken to discontinue the services of the petitioner and other similarly situated persons since they remained absent without any information. 14. Writ Petition is accordingly dismissed. Order Date :- 6.8.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad