JABALPUR, India, Dec. 14 -- Madhya Pradesh High Court issued the following judgmenton Nov. 13:

1. Appellant impugns order dated 24.07.2025, whereby the writ petition filed by the appellant challenging the order of termination dated 13.06.2022 has been dismissed.

2. Petitioner was appointed on the post of Assistant Technology Manager on contractual basis. The contract was for a period of one year be extended from time to time. Petitioner claims that he had contracted Covid -19 and was admitted in the Bansal Hospital, Bhopal on 01.09.2020 and accordingly could not report for duty. Respondents have terminated him on the ground of un-authorised absence for over 18 months.

3. Petitioner had earlier filed a petition before this Court being W.P.No.4733 of 2023 which was dismissed as withdrawn with liberty to pursue other remedies. Thereafter, petitioner filed a representation to the authorities which was dismissed, whereafter petitioner filed the subject writ petition which has been dismissed and consequently, subject appeal has been filed.

4. Learned senior counsel for appellant submits that appellant was unwell and as such could not report for duty. Several medical documents have been annexed with the appeal.

5. We note that in the earlier round of litigation i.e. the first writ petition as well as the subject writ petition and the representation given to authorities, some of the medical documents were annexed and all the medical documents were not annexed. There is no explanation forthcoming as to why all the documents which have been placed before us in the appeal and dated prior to the filing of first writ petition were neither placed in the first writ petition, second writ petition nor submitted before the authorities. It is noticed that all these documents are from different different doctors and except for one document, none of the documents relate to Covid -19. We note that in some of the documents where ailment is noticed as simple viral fever, a bed rest of 03 months have been advised by the doctor. In two of the documents, where petitioner is alleged to be suffering from Trigeminal Nerve i.e. a facial sensory nerve and Hypertension/Migraine, bed rest of 2-2 months have been advised. There is no explanation forthcoming as to why all the medical documents were not placed in the earlier round of litigation. The documents also do not inspire confidence and seem to have been procured by the appellant for the purposes of filing the subject appeal. Clearly, none of the ailment are so severe which would warrant a bed rest of 18 months. Apart from the medical illness of Covid-19 appellant has not stated any other reason which could have justified not reporting for the duty for over 18 months.

6. Learned Single Judge in the impugned order has noticed that no document was produced for treatment between September 2020 to March 2022. Apparently, after the Learned Single Judge noticed a huge gap in the medical documents the subject documents have been got prepared to justify the absence. As noticed above, the documents now filed with the appeal do not inspire any confidence. Particularly, in view of the fact that the period of rest prescribed is far greater that any of the ailments noticed in the medical documents. In case, a patient is ill, patient would continue treatment with one doctor or a hospital. In the instant case, appellant has placed documents showing treatment from as many as 12 doctors, each of whom have advised rest of 2-3 months.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/2507/WA_2507_2025_FinalOrder_13-11-2025_digi.pdf)

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