SMT. SARITA DEVI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2010-7-436
HIGH COURT OF ALLAHABAD
Decided on July 20,2010

Smt. Sarita Devi Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) THE present special appeal has been filed against the judgment and order dated 2nd July 2010 passed by the learned single Judge whereby the writ petition preferred by the present appellant has been dismissed.
(2.) THE appellant who was working on the post of Anganwari Sahayika was absent without sanction of any leave and information. A news item was also published in the Newspaper directing her to join the duty. In spite of it, the appellant for reasons best known to her did not join and only on 29.3.2010, she reported for duty. In the meantime, her services were terminated. The order of termination which was passed in January 2010 was challenged by means of a Writ Petition, which has been dismissed. 2. We have heard Sri Sheo Ram Singh, learned Counsel appearing for the appellant and have perused the judgment and order dated 2.7.2010 passed by the learned single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and also the documents filed along with it. The learned Counsel for the appellant submitted that as the appellant had fallen ill she had informed the concerned authority on 16.7.2009 that she is going for treatment to Delhi and after getting the treatment she reported back for duty on 29.3.2010, and therefore, her absence can not be said to be without any justification. He further submitted that the information was given on 16.7.2009 to the authority concerned and thereafter along with her joining report dated 29.3.2010, the medical certificate was also enclosed, which establishes the bona fides of the appellant. We may mention here that from 16.7.2009 till 29.3.2010, if the appellant was under treatment it was incumbent upon her to inform the same to the concerned authority and also about the treatment and likelihood period of absence which for reasons best known to her was not given. We do not find any legal infirmity in the order passed by the learned single Judge.
(3.) THE appeal fails and is dismissed.;


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