SHOBHA NELSON Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Dr. S.K. Nelson was a Surgeon in the Cancer Hospital, Medical College, Jabalpur. Dr. Shobha Nelson, his wife was a Lecturer in Gynaecology, Cancer Hospital, Medical College, Jabalpur. For the sake of convenience Dr. Shobha Nelson and Dr. S.K. Nelson will be referred to as the Appellants and the State of Madhya Pradesh as the Respondent.

(3.) The Government of Madhya Pradesh informed the Appellants that they have been selected by the Zanzibar Government to serve as Medical Officers and they will be permitted to go to Zanzibar on Foreign Service in public interest. They were also told that their resignation from State Government service during their stay abroad would not be accepted. The Appellants were informed that they would be permitted for the foreign assignment after the completion of required formalities. The Respondent communicated their unwillingness to release the Appellants for the foreign assignment to the Central Government on 15.04.1975. The Appellants left India and started working in Zanzibar from May, 1975. According to the Appellants, they returned to India and requested the Respondent to give them posting orders in 1980. As they were not given posting orders by the Respondent they went back to Zanzibar. They returned to India and requested the Respondent to permit them to join back in service. As their request was not acceded to, they approached the Madhya Pradesh Administrative Tribunal. An interim order was passed by the Tribunal on 13.03.1991 directing the Respondent to issue posting orders to the Appellants. Due to the non compliance of the direction in the order dated 13.03.1991 of the Tribunal which was reiterated in another order dated 28.10.1991, the Appellants filed a contempt petition before the Tribunal.