RAJINDER MADAAN (MRS.) Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Challenge in this writ petition under Article 226 of the Constitution of India is to an order dated 4.2.1989, Annexure P.7, vide which the petitioner is deemed to have voluntarily retired from the service of the State Bank of India.

(2.) Petitioner who was appointed as a Clerk on 18.5.1974 was transferred to Punjab University Branch of the Bank in 1978 and thereafter to the Medical Institute Branch of the Bank in 1982. Petitioner remained on leave for period during 19.9.1986 to 7.11.1987 and she ultimately joined duties on 8.11.1987 to work till 31.5.1988.

(3.) Petitioner alleges that she applied for leave because of the illness of her son. The case of the Bank, however, is that she absented from duty and on 13.6.1988 she was telegraphically advised to resume her duties. Petitioner vide letter, Annexure R.4 informed the Bank that she was unable to resume duty because of the illness of her son and requested that she may be granted leave from 1.6.1988 to 31.8.1988. She was again requested on 21.6.1988 to join duty within three days thereof. The Regional Manager by letter dated 28.6.1988, Annexure R.5/A wrote to the Branch Manager, Medical Institute Branch of the Bank reading as under: