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2017 Supreme(Del) 3475

SUNIL GAUR
VANDANA TARNEJA – Appellant
Versus
UNIVERSITY OF DELHI – Respondent


Advocates Appeared:
For the Petitioner: Mr. Apurb Lal, Ms. Meenu Pandey, Ms. Sunita Kumari
For the Respondents: Mr. Mohinder J. S. Rupal, Ms. Prang Newmai

JUDGMENT :

1. Petitioner was a Lecturer in Psychology in Gargi College, affiliated to University of Delhi, whose services stood terminated vide impugned letter of 1st August, 2014 w.e.f. 17th January, 2006. It is not in dispute that petitioner had been on leave on and off from August, 2004 till 17th January, 2006 because of her medical illness. Prior to termination of petitioner’s service, she had applied for voluntary retirement on medical grounds on 15th April, 2010 and had sought voluntary retirement from February, 2006 with a request that medical leave taken by her prior thereto be treated as qualifying service for pensionary benefits. In October, 2010, respondent-College had recommended that period of unauthorized absence from duty since January/February, 2006 be treated as ‘leave without pay’ for medical reasons as this concession is extended in a very special case on humanitarian grounds and for sole purpose of enabling petitioner’s retirement, so that she is able to get pensionary benefits. Her case for premature retirement w.e.f. 30th September, 2010 was also recommended to respondent-College. Intimation about it was given to petitioner on 7th October, 2010 (Annexure P-3).









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