STATE OF GUJARAT Vs. NIRANJANA R PATEL

JUDGEMENT

(1.) The instant Letters Patent Appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the judgment and order dtd. 19/7/2023 passed by the learned Single Judge allowing the captioned writ petition filed by the respondent No.1. The learned Single Judge, while allowing the writ petition, has directed the State authorities to treat the petitioner (present respondent No.1) as "voluntarily retired", and to grant her all the consequential benefits.

(2.) The respondent No.1 was appointed as a Tracer in the office of the Executive Engineer, Drainage Division, Surat w.e.f. 2/1/1978 and again she was appointed at Technical Assistant in the same office, Canal Division Surat w.e.f. 21/3/1980. Thereafter, the respondent No.1 was appointed as Lecturer in the Department of Architecture, Govt. Polytechnic College for Girls, Surat, on 1/1/1982 and thus, the service of the respondent No.1 as a Lecturer commenced from 1/1/1982.

(3.) It is the case of the appellant - State authorities that the respondent No.1 went on unauthorized leave for the purpose of visiting abroad (Canada) and thereafter, she never returned and hence, as per the undertaking / declaration given by her on 5/4/2003, the State authorities passed an order treating her as resigned from the Government service with retrospective effect. The documents on record reveal that the respondent No.1 went on leave from 1/2/2001 to 19/2/2001 for the purpose of going aboard. By the letter dtd. 1/5/2001 written by her to the Director of Technical Education, Gandhinagar, she has stated that she was on leave from 1/2/2001 to 29/4/2001 as she wanted to go aboard however, she returned and reported on duty on 30/4/2001. She requested that the said leave period may be regularised and the leave may be sanctioned. By the order dtd. 2/2/2002, the leave for 88 days was sanctioned as a half pay leave. Thereafter, again on 5/4/2003, she made a Declaration that she intends to go aboard and if she fails to resume on duty as a Lecturer in Architecture Department, this Declaration may be considered as her resignation from the Government service and the Government may proceed further treating her as resigned from the Government service. She accordingly, applied for 'No Objection Certification' for going to Canada however, it appears that no decision was taken by the Principal, Government Polytechnic for Girls, Surat hence, vide communication dtd. 7/6/2003, she proceeded on leave and went to Canada in anticipation of receiving 'No Objection Certificate'(NOC). Thereafter, she went to Canada, and from Canada, by the letter dtd. 7/9/2003, she informed the Principal, Government Polytechnic for Girls, Surat that she was to attend the duties on 15/9/2003, but due to severe backpain, she was unable to travel from Canada and she requested to extend her leave without pay upto 15/12/2003.