GURJEEWAN GAREWAL Vs. SUMITRA DASH

JUDGEMENT

(1.) Leave granted.

(2.) The 1st respondent, Mrs. Sumitra Dash, was working with the 2nd respondent-Post-Graduate Institute of Medical Education and Research, Chandigarh (PGIMER). At her request, ex-India (extraordinary) leave was granted to her by PGIMER with effect from 16-12-1991 for a period of two years by the order made on 6-4-1992. This leave was sanctioned, inter alia, on the express condition that "she will neither resign/seek voluntary retirement while on leave nor will request for further extension of ex-India leave." By this time she had already started working as a consultant Haematologist at the Salmaniya Medical Center, Bahrain.

(3.) Sometime in 1992, the 1st respondent filed a writ petition bearing No. C.W.P. No. 16212 of 1992 before the Punjab and Haryana High Court challenging the selection and appointment of petitioner herein as Professor of Haematology in PIGMER. It is submitted, before us that this matter is still pending before the High Court. On 11-12-1993, 1st respondent requested PGIMER for an extension of her ex-India leave up to 15-12-1994. This request was rejected. PGIMER asked her to resume duty by 14-2-1994. She did not respond to this request. On 26-9-1994 1st respondent was informed by the PGIMER that she was deemed to have permanently left the Institute with effect from 16-12-1991. That on 6-9-1994, an application bearing No. 8535 of 1994 in C.W.P. No. 16212 of 1992 was moved by the 1st respondent before the High Court to stay the initiation of disciplinary action against her for not joining duty on expiry of the leave. The High Court granted an interim stay on 6-9-1994, made the same absolute on 21-9-1994.