RADHA Vs. STATION DIRECTOR AIR

JUDGEMENT

(1.) This original petition has been filed under Art.226 of the Constitution of India by a Staff Artist Announcer in the All India Radio, Trivandrum to quash Ext. P6 order issued by the first respondent, Station Director terminating her contract and to direct the respondents to reinstate her without break in service and to pay her salary and allowances due to her.

(2.) The facts of the case can be summarised as follows:

(3.) On 31-12-1982, petitioner absented herself from duty. According to her, her husband had informed the Programme Executive over the phone about her inability to attend on account of the riots in Trivandrum. Ext. R1(b) memo dated 6-1-1983 was issued to her asking her to explain her absence by 30-1-1983. According to the petitioner, she sent a reply to Ext. R1(b) under the original of Ext. P7, though this is denied by the respondents. There is no dispute that she has a sick child suffering from rheumatic heart. She submitted application for earned leave for one month from 3-1-1983 mentioning the reason as "domestic affairs". On account of acute shortage of Announcers, Ext. R1(a) memo dated 4-1-1983 was issued calling her back to duty immediately. She did not comply. The file produced before me shows that at one stage it was being considered whether her absence should be treated as dies-non and whether disciplinary action should be taken. On 20-1-1983, Ext. R1(c) memo was issued alleging that she had not replied to the two earlier memos, that the matter was being viewed seriously and the contract was liable to be terminated unless she reported immediately. She sent a reply pointing out that her second child was ill with rheumatic heart and if leave could not be sanctioned she may be compelled to resign and also pointing out that she had duly sent replies to the two earlier memos and if they had not been received, she would send copies of those letters. As per memo dated 17-2-1983, leave was regularised and she was granted 17 days' earned leave, two days' half-pay leave and 11 days' Extra ordinary Leave (EOL.) till 1-2-1983.