KUNJALBEN SHANTILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Bipin Jasani for the petitioner, learned Assistant Government Pleader Mr. Robin Mogera for the first respondentState, and learned advocate Mr. H. S. Munshaw for the second respondent.

(2.) The petitioner has prayed to set aside order dated 17.09.2011, seeking a direction to reinstate her on the original post of Assistant Teacher and allow her to perform the duty.

(3.) The petitioner herein was appointed as Vidya Sahayak in the primary school at Village Mota Tradiya, District Ahmedabad, as per order dated 04.09.2002. She became Assistant Teacher upon completion of five years on 04.01.2008. It appears that she applied for leave for the period from 08.06.2009 to 05.10.2009. She was granted leave for 120 days as per order dated 25.11.2009 as leave without pay. The petitioner wanted to go abroad for social reasons. The petitioner did not resume the duty, but requested for further leave from 20.01.2010 to 30.09.2010. Her application was forwarded by the Taluka Development Officer to District Primary Education Officer. The leave was refused and the petitioner was intimated that if she leaves for foreign country, she would be subjected to legal action for indiscipline conduct. The petitioner continued to remain unauthorizedly absent with effect from 20.01.2010. Thereafter, she has neither joined the duties, nor has intimated or corresponded with the authorities.