ANJANA MITTAL Vs. OIL AND NATURAL GAS CORPORATION LIMITED
LAWS(SC)-2019-7-135
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on July 30,2019

Anjana Mittal Appellant
VERSUS
OIL AND NATURAL GAS CORPORATION LIMITED Respondents

JUDGEMENT

Vineet Saran, J. - (1.) Leave granted.
(2.) Special Leave Petition (c) No.30953 of 2018 is treated as a lead petition.
(3.) This case has a chequered history. The appellant was appointed as a temporary Assistant Grade-III in the respondent-Corporation in the year 1983. Up to the year 1986, she worked on the said post and had taken normal permissible leaves. However, from the year 1987 to 1993 she was absent for 1968 days in those seven years. The said absence was ex-post facto sanctioned as medical leave. In the meantime, on 06.01.1990, the appellant was promoted as temporary Assistant Grade-II. Then on 01.12.1992, Medical Board was constituted by the Corporation which found that the period of leave granted on the basis of many of the medical certificates submitted by the appellant was disproportionate to the severity of the ailments. Then on 26.05.1994, a notice was issued to the appellant requiring her to show cause as to why action under Regulation 24 of the Terms and Conditions of Appointment and Service Regulation, 1975 (for short "1975 Regulation") relating to termination of services of a temporary employee be not taken by the respondent-Corporation on her continued absence. In response thereto, the appellant submitted her reply on 01.06.1994. Then on 01.07.1994, holding her reply to be unsatisfactory, the respondent-Corporation terminated her services w.e.f. 01.12.1993.;


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