D CHITRA DEV Vs. PASTEUR INSTITUTE OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus by calling for the entire records pertaining to the impugned order of the respondent in its Ref.No.P.II/ADMN/2/2005 passed on 03.01.2005 and quash same, consequently direct the respondent to conduct a fair domestic enquiry as stated in the legal notice dated 17.02.2005 and dispose the petitioner's representation for reassuming her office in the respondent/Institute in accordance with law within the time fixed by this Hon'ble Court.

(2.) THE petitioner was appointed as a Lab Assistant/Helper on 01.01.1985 and he was subsequently promoted to the post of Lab Attendant on 16.1.1990. Due to her matrimonial problem the petitioner was constrained to submit her resignation in February 1996 to take effect from 20.2.1996. But after some time when she regained from her mental illness, she submitted another representation to the respondent narrating the entire circumstances that led to the submission of her resignation letter in February 1996 with the request to the respondent to permit her to resume duty again. Again by requesting the respondent to treat the long absence as extraordinary leave which according to the petitioner is permissible in the respondent office as per the rules and regulations for which she received a letter from the respondent on 26.4.1999 informing that her resignation was already accepted with effect from 20.2.1996.

(3.) HEARD the learned counsel appearing for the respective parties.