SUR BALA OBEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) Employed on a temporary basis as a Ayurvedic Physician in the Central Government Health Scheme on January 01, 1982 and being declared quasi-permanent the petitioner sought for and was granted leave on May 09, 1986 till June 02, 1986 as she had to proceed to Riyadh where her husband was employed and once in Riyadh she kept on sending applications with medical opinions recording she being unwell and this continued till August 18, 1989. We highlight that the petitioner remained unauthorizedly absent from June 03, 1986 till August 18, 1989 i.e. for a period of 3 years, 2 months and 16 days. During this period as and when the department received an application with a medical opinion enclosed that the petitioner was unwell, she was advised to contact the embassy which could direct her to a particular doctor for opinion. The reason was obvious. It is easy to bribe and obtain prescriptions from doctors, and when the so-called medical infirmity continues, not for days, not for weeks, not for months but for years together, it becomes imperative for the employer that the employee presents herself before a doctor in whom the employer has confidence. The petitioner did not comply.

(2.) When the petitioner reported for duty on August 18, 1989, since she had been claiming that she was unwell for 3 years, 2 months and 16 days she was directed to get herself medically examined at Safdarjung Hospital and obtain an opinion certifying that she was fit to resume duties.

(3.) But what did the petitioner do?