The central legal point established is that compliance with employment rules, such as prior intimation and applicability of specific rules, is crucial in determining the rights of government servants seeking foreign employment.

J. M. MALIK, J.

( 1 ) THE petitioner is posted as Assistant Professor with dipsar. On 3/7/2006 she sought permission to apply in the University of Libya as she was offered the post of Associate Professor in Pharmacognosy. She sent reminders dated 26/7/2006 and 27/7/2006 but these did not ring the bell. She also informed that she wanted to leave for foreign assignment on urgent basis and the same was due for 14/9/2006. The said foreign assignment was for one year. She also applied for extraordinary leave without pay. Her husband is posted as a Reader with moti Lal Nehru College under the Delhi University. Her husband also got foreign assignment in Libya. He was granted requisite permission from Delhi University. Her husband was granted extraordinary leave without pay. Her husband has already left for Libya on 14. 9. 2006 leaving behind their two small children and the petitioner herself.

( 2 ) THE petitioner received reply letters dated 31. 8. 2006 and 28. 8. 2006 which run as follows:

Annexure D-1

GOVERNMENT OF NATIONAL capital TERRIROTY OF DELHI DELHI INSTITUTE OF pharmaceutical SCIENCE & RESEARCH PUSHP VIHAR, SECTOR III, NEW DELHI-17.

No: ph-1 (303)/99/estt. /2005/vol.-II/6384 Dated: 31. 8. 2006

Reference your letter dated 17. 8. 2006 regarding sanction of Extraordinary Leave, it is to be informed that your applications submitted earlier in this regard has already been forwarded to DTTE. As and when the decision/approval taken by the DTTE authorities in your case is received the same will be conveyed to you immediately.

You are advised not to give reminders to this office and also not to write

letters to the DTTE authorities directly. As a Govt. servant you are reminded that you cannot approach the higher authorities directly and you should send your letters and applications through proper channel.

This issues with the approval of the Principal, DIPSAR.

(Dr. B. P. Srinivasan )

HOO, dipsar

To

Dr. (Mrs.) Nirmal Sharma, Asstt. Prof.

Annexure D-2

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DIRECTORATE OF TRAINING AND TECHNICAL EDUCATION ] MUNI MAYA RAM MARG, PITAM PURA DELHI-88.

F. No . 2 (313)/98-SB/vol-III/1236 Dtd : 28. 8. 2006

To,

Dr. ( Mrs.) Nirmal Sharma,

Asstt . Professor,

Delhi institute of Pharmaceutical Sciences & Research,.

Pushp Vihar ,

New Delhi .

Sub: application of Dr. (Mrs.) Nirmal Sharma, Asstt. Prof. Delhi institute of Pharmaceutical Sciences & Research, for grant of E. O. L. Madam, with reference to your different applications forwarded by Principal, DIPSAR through his letter No. Ph-l ( 303)/99/estt. /vol-II-6246 dated 7. 8. 2006, on the subject noted above the Competent has desired to submit the details on the following points:

1. Has she directly applied for the post.

2. Has she requested for grant of EOL to join the post.

3. The reason for not following the prescribed rules for applying

for

foreign assignment.

Yours faithfully,

(O. P. Shukla )

DEPUTY DIRECTOR ( SB)

F. No . 2 (313)/98-SB/vol-III

Copy forwarded for information and necessary action to the Principal,

DIPSAR, ref. to his letter mentioned above dated 7. 8. 2006.

(O. P. Shukla )

DEPUTY DIRECTOR ( SB)

( 3 ) UNDER these circumstances, the present writ was filed with the prayer to issue writ of mandamus or appropriate direction thereby directing the respondents to issue extraordinary leave as required by petitioner for a period of one year and in the meantime, the job of petitioner be directed to be secured as she has apprehension that her job may be effected in case the petitioner leaves for foreign assignment, Annexures D-1 and D-2 dated 31. 8. 2006 and 28. 8. 2006 respectively be quashed as being hyper-technical as the same are issued with a view to stop the petitioner to approach the higher authorities which cannot be restrained in the present facts and circumstances of the case. It is further prayed that family difficulties of the petitioner should be considered and she would be granted th