ABHA SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Praveen Kumar Srivastava, learned counsel for the petitioner; learned standing counsel for the State respondents and Shri Subhash Ghosh, learned counsel for respondent Nos. 5 and 6. By means of the present petition, the petitioner essentially challenges an order of termination dated 23.10.2003 passed by respondent No. 5 whereby her services have been sought to be terminated.

(2.) The facts, as stated in the petition, are that in the city of Kanpur there is a minority institution, known as Kumari Udyan Girls Inter College, Ashok Nagar, Kanpur (for short 'the institution'), to which the provisions of U.P. Intermediate Education Act, 1921 (hereinafter to as the 'Act') are applicable. The petitioner was appointed as a teacher on 1.7.1991. As the husband of the petitioner was assigned a foreign job in Nigeria, it impelled the petitioner to avail leave without pay, from 1.12.1999 to 31.3.2001 (sanctioned leave). She applied afresh for further leave on 23.1.2001 for the period 1.4.2001 to 31.3.2002 (sanctioned leave). She again applied for leave without pay on 24.5.2001 for the period 1.4.2002 to 31.3.2004 (sanctioned leave). She again moved an application for one month's further leave on 25.10.2002 stating that although she wish to join in time i.e. by 31.3.2004, but her joining may get delayed due to migration formalities and accordingly, a request was made to extend the leave up to 30.4.2004. The request made by the petitioner on 25.10.2002 for grant of leave up to 30.4.2004 was considered and rejected by the management, pursuant to the resolution of the committee of management dated 4.5.2003 and she was directed to join the institution on 1.7.2003. The petitioner sent letters to the manager of the institution on 11.6.2003 and 20.7.2003 stating that she had sanctioned leave up to 31.3.2004. However, the management vide its letter dated 31.7.2003 apprised her of the resolution of the managing committee dated 4.5.2003 that as the extraordinary leave has been cancelled, she should report for joining within ten days. The petitioner again sent a letter dated 27.8.2003 to the manager of the institution that in terms of the Financial Hand Book, she be paid air fare from Nigeria to Kanpur before she is directed to join the institution. The management issued a letter dated 23.9.2003 to the petitioner calling upon her to join by 1.10.2003, failing which it be presumed that she has no interest in the service and disciplinary proceeding would be initiated for her removal. The petitioner again replied on 13.10.2003 to the aforesaid letter dated 23.9.2003, reiterating that in view of her personal difficulty, she is unable to join, and further her leave was sanctioned up to 1.4.2004. However, as the petitioner did not join the institution on 1.10.2003, the management resolved to terminate her services on 23.10.2003 w.e.f. 30.6.2003. The petitioner represented before the District Inspector of Schools (for short 'the DIOS') and also appeared before the Principal of the institution on 6.7.2004 and 31.7.2004, but the institution did not permit her to join. The DIOS allegedly approved the order of termination on 28.9.2004. The petitioner is alleged to have filed an appeal against the alleged order of approval before the appellate authority, which came to be rejected on 28.10.2004.

(3.) The respondent management has denied that the petitioner was ever granted leave up to 31.3.2004. Further case of the management is that by the resolution dated 4.5.2003 the managing committee rejected the application for extension of leave and she was directed to resume her duties by 1.7.2003, but she did not do so. The affidavit further asserts that the petitioner is only concerned about her son studying in Nigeria at the cost of other students, who are studying in the institution and her unauthorised absence for considerable period has affected the academic interest of the students and in this connection it is stated that out of her entire service of 7 years 5 months, she had served the institution only for 2 years 5 months and 14 days.