SHAMINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated 06.05.2013 (Annexure P -3) passed by the Secretary cum Director General, School Education, Punjab, whereby the service of the petitioner who has been serving as a Science Mistress under the Sarv Shiksha Abhiyan Authority have been terminated. A perusal of the impugned order would reveal that the petitioner has absented from duty since 04.07.2011 continuously and such fact forms the basis of passing of the impugned order.

(2.) LEARNED counsel for the petitioner does not dispute the factual position as regards the petitioner having been remained absent since 04.07.2011 but would submit that such absence was on account of bonafide reasons and compelling circumstances inasmuch as the petitioner had to look after her mother in law who was suffering from a terminal disease.

(3.) PRIOR to passing of the impugned order, the petitioner had been served with a show cause notice so as to explain her continuous absence from duty over such a prolonged period. A response dated 15.04.2013 was submitted by the petitioner and the same has been appended as Annexure P -2. In such response, the same reasoning has been adopted as regards the mother in law of the petitioner being afflicted by cancer and the petitioner being required to look after her. However, there is an apparent contradiction in the stand taken in the reply dated 15.04.2013 at Annexure P -2. In the opening part, the petitioner has categorically submitted that in the year 2011, her mother in law was affected by the deadly disease of cancer. However, in the later part of the reply, she has shifted her stand by stating that the mother in law had to be taken to various hospitals like PGI, Chandigarh, DMC, Ludhiana and Fortis Mohali and as such, it was only at a belated stage that the disease was detected.