- (1.) THIS appeal is at the instance of the writ petitioner against the judgment and order passed by the learned Single judge dismissing the said writ petition.
(2.) THE appellant/writ petitioner is a Doctor and was appointed as Medical officer of the Haldia Dock Complex Unit of the Kolkata Port Trust initially on temporary basis pursuant to the letter of appointment dated 23rd October, 1998. The said temporary appointment of the writ petitioner was subsequently confirmed by the office order dated 30th July, 2001 issued by the Manager, (Pandib) being the respondent No. 6 herein.
(3.) THE relevant facts leading to the filing of the present appeal are as follows: the appellant took leave from 27th August, 2001 to 8th September, 2001 for accompanying her ailing-in-laws to C. M. C. , Vellore. The said leave was duly sanctioned by the competent authority, namely, the Medical Superintendent. Thereafter by the letter dated 29th August, 2001, the said appellant informed the Deputy Chairman, Haldia Dock Complex about the sudden illness of her husband and further informed that for the aforesaid reason she would rush to dubai on an emergency basis. By the subsequent written communication dated 9th September, 2001, the appellant expressed her inability to join the duties as her husband was required to undergo an operation and prayed for extension of leave. The aforesaid written communication of the appellant dated 9th september, 2001 is set out hereunder: "to Date : September 09, 2001 the Deputy Chairman, haldia Dock Complex, Haldia through: Proper Channel respected Sir, this is in follow up to my letter dated 29. 08. 01. As my husband has to undergo an operation, I am unable to join my duties at present. I shall be extremely grateful, if you allow me extension of leave. I shall communicate as soon as my husband recovers. Thanking you, i remain, yours faithfully, so/- (Dr. Maitrayee Ghosh)M. O. , Port Hospital, HDC. ";