Decided on May 29,2007



REKHA SHARMA, J. - (1.) In the year 1988 the petitioner Smt. Premjit Kaur Takhi was working as a confirmed Junior Stenographer in Hindustan Paper Corporation Limited at New Delhi while her husband lived in Africa. It so happened that on May 16,1988 the Corporation in order to solve the problem of surplus staff in its Delhi office came out with a package deal for its employees who were willing to retire and relinquish their jobs. For Smt. Premjit Kaur it was a God-sent opportunity to join her husband in Africa and at the same time reap the benefits of service so far rendered by her. So quick was her response to the offer that on the very same day she sent her application opting for the scheme. At about the same time she applied for earned leave of two months with permission to go to Africa to join her husband. The Corporation vide a communication of May 30,1988 informed her that her application opting for one time package deal had been recommended and sent to CHQ for consideration/ approval which was awaited.
(2.) She was further informed that her earned leave had been sanctioned w.e.f May 30,1988 and had also been granted permission to go to Africa. Armed with the communication of May 30, 1998, she left for Africa in the hope that her request for retirement in terms of the package deal would be acceded to in due course. With this legitimate expectation once in Africa, she made all arrangements to settle there and even got her son admitted in an international school of Africa. However things did not work out her way. On September 20,1988 she was informed that her application for voluntary retirement under the package deal had not been accepted and she was asked to report for duty immediately as she had no leave to her credit. On October 10,1988 she received another communication asking her to report for duty immediately. She wrote back to the Corporation on November 1, 1988 stating therein that being sure of getting retirement under the package deal she had made arrangements to settle in Africa along with her husband and had even got her son admitted in an international school whose session was to come to an end on December 31,1988. Accordingly, she requested for grant of 'leave not due' uptill January 17, 1989. The Corporation vide telegram dated November 29,1988 which, according to her was received by her on December 14,1988 informed her that her request for grant of ?leave not due? had not been accepted and further informed that her extra ordinary leave limit of 365 days in entire service shall be reached on December 12,1988. Accordingly, she was asked to return to duty latest by December 13,1988.
(3.) Before I proceed to narrate further facts, I deem it appropriate to reproduce the contents of the telegram for it is on this telegram that the Corporation has rested its case. This is how it reads: Express Telegram Smt. Premjit Kaur Takhi C/o. Mr. G S Takhi Post Box No. 4742 Africa Refer your application dated 1.11.88 regarding sanction of leave. Your request for grant of ?leave not due? not accepted. EOL limit of 365 days in entire service shall be reached on 12.12.88. Report for duty latest by 13.12.88 failing which you will lose lien on your post of Junior Steno in HPC in terms of HPC Conduct, Discipline and Appeal Rules which inter alia provide that the lien of an employee may be terminated on over-staying the sanctioned/extended leave for more than 8 (eight) days. C L Gera C L Gera Sr. Manager (LandA) 29.11.88;

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