RENU GUPTA Vs. UNIVERSITY OF DELHI AND ORS.

JUDGEMENT

(1.) The challenge in this writ petition is to the Study Leave Agreement dated October 26, 1987 and further to the decision of the respondent No.2 College to deduct the leave salary paid to the petitioner for the period October 26, 1987 to October 26, 1990 from the salary of the petitioner.

(2.) This is the second round of litigation inasmuch as the petitioner had earlier filed a Writ Petition No.3746/2013, which was disposed of, on the statement made by the learned counsel for the petitioner withdrawing the petition, realising that the petitioner had not challenged the Study Leave Agreement executed by the petitioner on October 26, 1987. The interim order granted in that petition, on May 30, 2013, was directed to be continued for a period of four weeks.

(3.) It was contended by Ms. Amita Gupta, that the petitioner was appointed as a Lecturer in the respondent No.2 College on September 7, 1978. According to her, in terms of para 5 of the appointment letter dated September 4, 1978, she was to be governed by the Ordinances and Rules in force in Delhi University. In the year 1987, petitioner got herself registered for Ph.D on the topic "India's Trade and Economic Relations with Middle East Countries with special reference to Soudi Arabia, Iraq and U.A.R." and for that, the petitioner took study leave on October 26, 1987 and rejoined the College on October 26, 1990 and since then serving the College continuously till date. It is her case, that in terms of the Delhi University Rules effective from July 19, 1977, the salary of study leave duration can be recoverable from a Teacher only on the following grounds; (i) who fails to rejoin the services on the expiry of the said leave; (ii) who rejoins the services of the University but left the services without completing the prescribed period of service after rejoining the services; (iii) who, within the said period, is dismissed or removed from the services by the University. She states, that the respondent No.2 College got unauthorisedly, illegally and negligently the Study Leave Agreement dated October 26, 1987 signed.