VANDANA JHINGAN Vs. UOI AND ORS.

JUDGEMENT

(1.) PETITIONER is the employee of respondent No. 2 who, vide letter of 10th October, 1995 (Annexure -P) had informed petitioner that she has lost her lien due to voluntary abandonment of service. The challenge in this writ petition is to the impugned letter of 10th October, 1995.

(2.) PETITIONER was Senior Marketing Assistant, Grade -I with respondent No. 2 at the Delhi Office and she claims to have obtained 'No Objection Certificate' to obtain Visa for visiting U.S.A. in December, 1994 and according to petitioner, the 'No Objection Certificate' was granted to her on 7th December, 1994 but a day prior thereto i.e. 6th December, 1994, she was transferred to Goa office of respondent No. 2 and was directed to join duty at Goa in the first week of January, 1995. Petitioner claims to have sprained her right ankle and was unable to join the duties and had applied for medical leave from 17th April, 1995 to 1st May, 1995 alongwith the medical certificate. Petitioner had represented against her transfer to Goa and had applied for 39 days' of privilege leave from 1st May, 1995 to 8th June, 1995. Petitioner also claims to have been harassed by respondent No. 3. On 26th April, 1995, petitioner had filed a complaint to the Ministry of Defence against the harassment of petitioner by respondent No. 3 and on 4th May, 1995, petitioner had proceeded to U.S.A. and U.K. on the privilege leave. According to petitioner, she could not return back to India and had sought extension of her leave vide Fax Messages of 9th June, 1995 and 21st July, 1995, first upto 21st July, 1995 and then upto 14th September, 1995.

(3.) VIDE Notice of 20th October, 1995 (Annexure -Q) petitioner was informed by respondent No. 2 that the gratuity payable is being sent to her at her last known address. Petitioner claims to have learnt about the Public Notice of 9th September, 1995 and the impugned letter (Annexure - P) on 13th October, 1995 and had called upon respondent No. 2 to withdraw the aforesaid Public Notice and petitioner had sent back the gratuity amount cheques to respondent No. 2. Again on 26th June, 1996 and 3rd August, 1996, petitioner had called upon respondent No. 2 to cancel the impugned order (Annexure -P) and to regularize her service and allow her to join her duties at Delhi, but to no avail and so, petitioner had filed this writ petition through her father.