LAWS(J&K)-2007-1-2

RIFAT YASMEEN Vs. STATE

Decided On January 30, 2007
Rifat Yasmeen Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PETITIONER as Junior Assistant applied for grant of earned leave for a period of 60 days with effect from 11th December, 2000 -came to be granted vide order No.285 HE of 2000 dated 07.12.2000 -annexure -D with a condition that petitioner will not extend her leave beyond the said period. Thereafter, it appears that she in terms of annexures -D1, D2, G, Gl, G2, G3, G4,G5 and G6 applied for extension of leave as alleged but there is nothing on the file suggesting the fact that said applications/communications were received by the official respondents.

(2.) IT appears that respondent -General Administration Department vide order No.GAD(Estt)APR/J.A. dated 06.02.2002 -annexure -D3 asked Principal Secretary/Commissioner Secretary to Government, Higher Education Department to furnish APRs of the petitioner for considering her promotion as Senior Assistant under rules. APRs came to be submitted in terms of annexures forming page Nos.16, 17 and 18 to the writ petition. Petitioner came to be promoted as Senior Assistant in terms of Government order No.516 GAD of 2002 dated 22.03.2002 - annexure -E.

(3.) IT appears that petitioner applied for allowing her to join on 13.09.2005. Accordingly, she was allowed to join and respondents 2 and 3 submitted her case on 14th of October, 2005 for settlement of her period of un -authority absence as extra ordinary leave.