RADHA DUBEY Vs. GOVERNMENT OF NATIONAL CAPITAL

JUDGEMENT

(1.) THE petitioner assails the order dated 13. 11. 2009 passed by the Central administrative Tribunal, Principal Bench, New Delhi in O. A. No. 2745 of 2008, whereby the Tribunal has dismissed the said Original Application.

(2.) THE petitioner was employed under the Health and Family Welfare Department of Govt. of NCT of Delhi as medical officer on contract basis vide order dated 12. 01. 1996 for a period of one year. It appears that her services were continued year after year, by extending period of the contract. The petitioner was, however, granted the pay scale and allowances as admissible to regular employees in equivalent posts.

(3.) THE petitioner went on leave for a period of 20 days with effect from 03. 04. 2006. This leave had been duly sanctioned by the Competent Authority. While still on leave, the petitioner sought extension of leave upto 22. 05. 2006. Yet again, she sought further extension of her leave on 19. 05. 2006 for another two months. On 08. 06. 2006, she again applied for extension of leave. However, she was informed that her leave had not been sanctioned. The petitioner communicated her permanent address at which correspondence may be addressed to her. Respondent vide a memorandum dated 13. 06. 2006, informed the petitioner that her leave could not be extended by two months, due to exigency of work. She was directed to join her duty immediately and she was also warned that if she did not comply with the direction, disciplinary action would be taken against her. On 16. 06. 2006, the petitioner again requested for sanction of leave that she had applied for, on the ground that she was attending to her mother, who was suffering from parkinsons disease. On 19. 07. 2006, the petitioner sought further extension of her leave by two months on the same ground, as aforesaid. This request was rejected vide letter dated 31. 07. 2006, directing her to join within 7 days, failing which disciplinary action was threatened against her. The petitioner, however, did not join her duty and did not report back even till the passing of the order dated 27. 11. 2007, whereby the petitioners services were terminated.