DR. TASNEEM GOWHAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Dr. Tasneem Gowhar was working as Assistant Professor, Department of Gynaecology and Obstetrics, Government Medical College, Srinagar. In the year 1985 she applied for 3 5 days (half pay leave) in continuation of summer vacation w.e.f. 1.8.1985 with permission to leave the station to join her husband at Saudia Arabia. The leave was sanctioned in her favour by the Principal, Government Medical College, Srinagar on 19.7.1985. According to the petitioner she proceeded on leave as her husband who was in Saudi Arabia was not well and she had to join him to look after him. Later she applied for extension of leave for a further period of one year w.e.f. 19.9.1986. The leave it appears was not sanctioned and a notice was issued to her by respondent No. 1 threatening her that action of termination of service will be taken against her. According to the petitioner at that time she was in Saudia Arabia and was informed about the notice by her father-in-law namely Dr. Ghulam Nabi on Telephone.

(2.) Petitioner filed a petition SWP No. 655 of 1987 challenging the said notice. The petition was disposed of by this court on 9.5.1989. The Court directed the petitioner to join her duty on 1.7.1989. Petitioner applied to the court for review of the order with the permission to join in the month of January, 1990. The petitioner's case is that when she returned to Srinagar to join her duty she found that the entire valley had been plunged into deep turmoil and turbulence and the situation was so bad that the Kashmir valley had been declared as a disturbed area. On reaching Srinagar she for security reasons could not resume duty but intimated respondent No.2 that in view of horrifying situation it was not possible for her to resume duties, she accordingly requested for extension of leave for a further period of one year of whatever kind due. Later when the situation improved she came to Delhi, but was shocked to know that her brother-in-law namely Rasmasood Shahri was suffering from cancer. He was shifted to Bombay for immediate medical treatment. She accompanied her brother-in-law to Bombay and later Delhi where he was admitted in Rajiv Gandhi Memorial Cancer Institute. Her brother-in-law ultimately died on 8.6.1998. Immediately thereafter she approached respondents with the request to allow her to resume the duty but she came to know that her services had been terminated in terms of Article 128 of Jammu and Kashmir Civil Service Regulation. She was given copy of the Government Order No. 324-HME of 1998 dated 22.4.1998 issued by respondent No. 1 by means of which the services of the petitioner have been terminated.

(3.) Aggrieved by the order of termination the petitioner has filed this petition for quashing the termination order. She submits that the order of termination was liable to be quashed as it has been passed in flagrant violation of the provisions of Article 311 (2) of the Constitution of India corresponding to Section 126 (2) of the Constitution of Jammu and Kashmir. The petitioner further submits that the order of termination is also against the service rules and in violation of the principles of natural justice. The petitioner through the medium of this writ petition prays for a writ of certiorari to quash the impugned order No. 324-HME of 1998 dated 22.4.1998 . Petitioner has further prayed that by a writ of mandamus respondents be directed to treat the petitioner in continuous service of the respondent-State holding the post of lecturer in the Department of Gynecology and Obstetrics, Govt. Medical College Srinagar.