- (1.) The instant writ petition has been filed under Article 226 of the Constitution of India praying for quashing of order dated 07.09.1992 (Annexure P-9) passed by the Director, Health & Family Welfare, Punjab, Chandigarh and order dated 13.12.1993 (Annexure P-11) passed by Secretary, Punjab Government, Health & Family Welfare Department, Punjab.
(2.) Brief facts of the case are that Smt. Pushpa Rani-petitioner was appointed as Staff Nurse with the respondent-department and was posted at Primary Health Centre Sudhar. In the year 1988 she suffered from mental depression, headache and arthritis and remained on leave w.e.f. 21.03.1988 to 16.04.1988, 25.04.1988 to 28.05.1988 and then from 06.06.1988 to 08.07.1988. When she was on leave from 6.06.1988 to 8.07.1988, she was transferred from Sudhar to Sidhwan Bet by Civil Surgeon, Ludhiana vide order dated 03.06.1988. It is alleged that after availing leave from 06.06.1988 to 08.07.1988 when petitioner went to join the service at Primary Health Centre, Sudhar, she was informed that as she stood transferred to Sidhwan Bet, she was relieved on 08.07.1988 (AN) and that she should join at her new posting. Petitioner was given joining time from 9.07.1988 to 14.7.1988. Petitioner started handing over the charge from 8.7.1988 and continued till the joining time to which she was entitled to. Petitioner joined her new place of posting on 15.07.1988 (FN) at Sidhwan Bet and the duly endorsed joining report was sent to Civil Surgeion Ludhiana by the SMO, Sidhwan under intimation to the Director Health Service vide office Memo No.1305 dated 29.7.1988.
(3.) Immediately after joining the new place of posting, petitioner availed four days casual leave from 16.7.1988 to 20.07.1988 including suffix to complete the unfinished charge at Sudhar. On expiry of leave, she went to Sidhwan Bet and joined her duty on 21.07.1988. She again proceeded on four days casual leave and went to Sudhar after duty hours to complete the unfinished charge and ultimately handed over the complete charge in the late evening and obtained No Due Certificate from Senior Medical Incharge on 21.07.1988.;