Govt staff absent for over 1 year after sanctioned leave deemed to have quit: Gujarat HC

In a significant ruling on government service rules, the Gujarat High Court has held that any state employee who remains absent for more than one year after the expiry of sanctioned leave or permission shall be “deemed to have resigned” from service. Only reasonable opportunity requires to be afforded to such employee before passing any formal order in this regard.

However the court clarified that such employees remain entitled to retrial dues for the period of actual service rendered.

Justice Maulik J Shelat, while partly allowing a state government petition in part, modified an order of the Gujarat Civil Services (Tribunal) and directed the state authority to calculate full retiral dues to R M Meghpara, a former school teacher who remained unauthorisedly absent from December 1, 2006 until his superannuation on December 31, 2011.

Meghpara, who had completed 27 years of service before the prolonged absence, was earlier declared “deemed to have resigned” from June13,  2006 by the District Education Officer, Junagadh, in an order dated January 16, 2013. The officer had relied on the principle that absence beyond one year after expiry of leave amounts to automatic resignation.

During the hearing, the teacher’s advocate argued that Meghpara had applied for Voluntary Retirement Scheme (VRS) well in advance, but no decision was taken by the authorities for years. Because the VRS application remained pending, the advocate contended, the entire period of absence could not be treated as unauthorised.

The Gujarat Civil Services Tribunal had set aside the DEO’s order, prompting the state to approach the high court.

The court upheld the legal position that absence exceeding one year leads to deemed resignation w.e.f. December 1, 2007 (one year after the last sanctioned leave expired), but ruled that Meghpara could not be deprived of retiral benefits for the 27 years of qualifying service already rendered.

The court directed the State authorities to:

Compute all terminal/retirement benefits admissible for the period from June 13, 2005 till December 31, 2011 (date of superannuation), treating the period of absence as “deemed resignation” from December 1, 2007.

Disburse the admissible retiral dues on or before February 15, 2026.

If the authorities conclude that no benefits are payable, then they need to pass a reasoned order and communicate it by January 31, 2026, leaving it open for Meghpara to challenge such an order.