STATE OF UTTAR PRADESH Vs. SUDARSHANA CHATTERJEE

JUDGEMENT

(1.) Leave granted.

(2.) Appeal arising out of SLP(C) No.10087 of 2019 has been filed by the appellants against the judgment dated 24.08.2018 passed by the High Court of Judicature at Allahabad in Writ-A No.65084 of 2015 in and by which the High Court has quashed the order dated 01.04.2015 passed by the appellants denying retiral benefits to the respondent on account of her having joined the service in Chhattisgarh Institute of Medical Sciences and the High Court directed the appellants to pass fresh order in accordance with law in the light of observations made by the High Court. Appeal arising out of SLP (C) No.10542 of 2019 has been filed against the interim order dated 15.03.2019 passed in Writ-A No.3884 of 2019 whereby the High Court directed the Principal Secretary, Department of Medical Education and Training to appear in-person and explain how the claim of the respondent has been rejected by order dated 04.01.2019 despite judgment of the High Court dated 24.08.2018.

(3.) Briefly stated facts of the case are that the respondent was appointed to the post of Lecturer (Anesthesia) vide appointment order dated 25.03.1982 and she joined at Motilal Nehru Medical College, Allahabad. While working on the post of Lecturer (Anesthesia) at Motilal Nehru Medical College, Allahabad, the respondent on 20.09.2003 sought a no-objection certificate (NOC) from the appellants in order to apply for the post of Associate Professor (Anesthesia) at Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur. Pursuant to her applying to CIMS, the respondent received an appointment letter dated 22.04.2004 from CIMS. Upon getting appointed at CIMS, the respondent sent a leave application dated 30.04.2004 addressed to the Secretary, Medical Education Department seeking sanction of leave for two years without pay for joining on the post of Reader in the Department of Anesthesia at CIMS. Though her leave application was pending consideration, the respondent joined as Lecturer in the Anesthesia Department, CIMS on 15.06.2004. The respondent made another application for grant of one month earned leave on 23.07.2004 by citing the reason "personal work ". The said application was considered and leave was sanctioned vide order dated 07.08.2004 by granting the respondent earned leave from 23.07.2004 to 22.08.2004. The respondent remained in the service of the appellants till 22.08.2004; thereafter she has not resumed duty with the appellants. It is stated that the respondent was drawing salary from two State Governments i.e. State of UP and also from CIMS-State of Chhattisgarh.