BALDEV KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present regular second appeal has been filed against the judgment of learned Subordinate Judge Ist Class, Jalandhar and the learned Additional District Judge, Jalandhar whereby the civil suit filed by the appellant-plaintiff was dismissed and thereafter first appeal filed by her was also dismissed.

(2.) A perusal of the facts as are clarified on the record would show that initially the plaintiff was appointed as a Trained Dai on 25.9.1967. Her services were, however, terminated on 29.2.1972. Thereafter she was again absorbed as a Female Attendant on 21.4.1972. She joined the said post on 30.3.1974. She was thereafter transferred to the G.A.D. Lodhipur as a Trained Dai on 22.3.1974. She joined as such on 6.4.1974. It has come in the statement of DW-1 Bakhshish Singh who was an Assistant in the Health Department, Jalandhar that thereafter the plaintiff went on maternity leave on 14.6.1975. Even after the expiry of the leave she did not join duty. A letter was written on 15.12.1975 by the Civil Surgeon, Jalandhar to the Deputy Director, Ayurvedic, Health Department, Punjab intimating the absence of the plaintiff from June, 1975 onwards and a request was made that her services should be terminated. Another letter was written on 22.11.1975 wherein the Civil Surgeon, Jalandhar was also requested to terminate the services of the plaintiff as she has been continuously absent.

(3.) The plaintiff ultimately filed the civil suit in May, 1985. She sought a mandatory injunction directing the respondents to regularise her services, to issue her posting orders along with arrears of pay and other benefits attached to the post. In the suit the plaintiff had taken a a plea that she had remained absent on account of her illness. Her plea of illness was examined by the trial Court. The plea was rejected with the following observations:-