ROSHAN JAMES Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present Writ Petition is to annexure-P/1 dated 06/11/2001.

(2.) Vide the said impugned award, the respondent No.2 - Director, Medical Education, Raipur has treated the period of 238 days with effect from 01/07/1996 to 23/02/1997 in respect of the service of the petitioner as dies non.

(3.) The brief facts relevant for adjudication of the present dispute is that, the petitioner was an employee working as Nursing Sister at the Medical College Hospital, Raipur. She was transferred to J.K.Hospital, Gwalior vide order dated 13/06/1996. The petitioner did not join the transfer place. She made a representation to the concerned authority to reconsider the order of transfer. Finally, the authority i.e. the respondent No.2 vide annexure-P/2 dated 07/02/1997 cancelled the order of transfer dated 13/06/1996. The cancellation order did not reflect any reasons for cancellation. Subsequently, the petitioner has been permitted to resume her duties at the Medical College, Raipur and where she continued to work till attaining the age of superannuation i.e. 31/08/2003. Meanwhile the petitioner had moved an application for regularising the period of absence from duty by granting and adjusting the earn leave which was in her credit. The application for leave was forwarded by the Superintendent on 11/03/1997. The same was also recommended by the Joint Director and the Superintendent of the Medical College. However, the authority concerned i.e. the respondent No.3 vide annexure-P/5 had rejected the leave application and ordered for treating the said period i.e. between 01/07/1996 to 23/02/1997 as 'dies-non'. The said order of 'dies-non' was subjected to challenge before the State Administrative Tribunal, Raipur where the case was registered as original application No. 438/99. The said application finally stood allowed vide annexure-P/6 dated 06/09/2001. The Tribunal had set aside the order of 'dies-non' and had remitted the matter back to the authorities concerned for reconsideration of the order. The setting aside of the order by the Tribunal was on the ground that, the same was issued without granting an opportunity of hearing to the petitioner and thus it is to be treated as it has been issued in violation of the principles of natural justice. The matter again came up before the authority concerned and the authority vide annexure-P/1 dated 06/11/2001 again have passed an order treating the said period as dies non.