AMARJIT KOUR Vs. STATE AND ORS

JUDGEMENT

(1.) Through the medium of instant writ petition, petitioner seeks the following reliefs:-

(2.) The facts, as these emerge from the study of the file under consideration are that the petitioner, who was appointed as Constable on 07th June, 1990 has earned number of awards from the Director General and there are more than 5/6 awards including cash rewards and also Commendation Certificate (Annexure-A) from the Director General and Sr. Superintendent of Police. In the year 1998, the petitioner was posted in 04th Batallion located at Reasi, and applied for one month leave, as the husband of the petitioner was serving in MES Department and was posted in Manali (Himachal Pradesh). The atmosphere of Manali was not suited to the petitioner and she seriously fell ill and also suffered from BronAsthama. The petitioner had sent Telegram from time to time for extension of leave, as she did not recover from illness. The petitioner has also sent the Medical Certificate, which is annexed as Annexure-C to the writ petition. She was under this impression that the leave is extended, as she has sent the Telegarms.

(3.) It is pleaded in the writ petition that after recovering from illness, when the petitioner came to join the duties, she came to know that her services have already been terminated vide order (Annexure-D) dated 03rd July, 1999. The order has not been served on the petitioner even till today and the petitioner with great difficulty has got the Photostat Copy of the order. The order was passed by the Commandant I.R. 04th Batallion, Reasi. It is also pleaded that the respondents have not served any notice on the petitioner, as the petitioner had duly applied for leave. She has neither received any notice nor was she aware about any notice published in Newspaper, as in Manali, the local Newspapers are not available. The respondents have not appreciated that the petitioner has sent the Telegrams and it is in the knowledge of the respondents that the petitioner fell ill and it is only because of that reason that the petitioner could not resume her duties. The respondents have not served the order while the petitioner has made number of representations. The petitioner has also approached the respondents and also reported to I.G.P and Additional D.G. for allowing her to join the duties. Despite the representations having been filed by the petitioner, the same have not been considered by the respondents till date.