STATE AND OTHERS Vs. SHAKTI BALA (DR.)

JUDGEMENT

(1.) Dr. Shakti Bala, respondent herein (hereinafter to be referred to as 'petitioner') remained absent from duty unauthorisedly from 24.03.1986 up to 15.06.1994 which period was treated as dies non under Article 163 of Jammu and Kashmir Civil Service Rules, consequently an order No. HME of 1998 dated 21.05.1998 came to be passed by Commissioner/Secretary to Government Health F.W and Medical Education Department which reads:

(2.) Aggrieved of the aforesaid order, the petitioner filed SWP No. 438/2002 seeking its quashment, asserting therein that she, in fact, submitted her joining report on 22.01.1991 in the office of Directorate of Health Services, Jammu (respondent No. 3 in the writ petition), but, instead of allowing her to perform her duty, referred the matter to Principal Secretary and Secretary to Government Health and Medical Education Department, Jammu(respondent No. 2 in the writ petition) and thereafter Government Order No. MDG-245/89-S-32 dated 31.05.1994 came to be passed, pursuant thereto she submitted her joining report on 16.06.1994. The case set up by the petitioner before learned Writ Court was that the delay in not accepting her joining report was attributable to the Officials respondents only.

(3.) The plea of the petitioner was refuted by the appellants/official respondents by filing a detailed reply stating therein that when the petitioner was not joining her duties for a considerably period, she was reverted back to the Health Department vide Government Order No. 537-HME of 1987 dated 10.10.1987 and when she did not join thereafter also, a show cause notice was issued upon her. It was further stated in the reply that the petitioner submitted her joining report on 22.01.1991, but thereafter her whereabouts were not known. However, it was admitted that the matter was sent to Administrative Department and ultimately after considering her case, vide Government Order No. MDG/89-S-332 dated 31.05.1994 she was asked to join the duty and she submitted her joining report on 16.06.1994, as such, unauthorized absent was treated as dies-non from 24.03.1986 to 15.06.1994.