- (1.) Sudesh Kumari respondent, who was working as Senior Clerk Grade-II in Maharishi Dayanand University, Rohtak, had filed suit for declaration with consequential relief of permanent injunction, which was dismissed by Addl. Civil Judge (Senior Division), Rohtak. She had filed appeal, which was allowed vide judgment dated 19.2.2004 of Addl. District Judge, Rohtak. Vide that judgment, order dated 12.2.1998 of the University, vide which post of the plaintiff-respondent was declared vacant, was set aside and defendant University was directed to afford an opportunity to the plaintiff to submit her defence and then the University was to decide the question of her absence and entitlement of wages etc afresh.
(2.) The facts of the case are that Sudesh Kumari had proceeded on maternity leave from 9.11.1996. She was to report on 8.5.1997. She started sending applications and did not join duty. She was treated to be absent from duty w.e.f. 14.6.1997. Then a publication was issued in the Tribune dated 9.1.1998 asking her to report for duty to receive charge-sheet and to submit her defence within 15 days from the date of Publication, failing which it would have been deemed that she is willfully absent from duty and her post would automatically stand vacated.
(3.) According to Sudesh Kumari, she had gone to join duty on 23.1.1998. Then there was a strike in the University. She submitted joining report on 27.1.1998 and the same was not accepted.;