JUDGMENT :

1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following main relief :

“22(a). This Hon’ble Court may be pleased to issue Writ of Certiorari or any other appropriate writ, order, direction in the nature of Writ of Certiorari or any appropriate writ quashing and setting aside the impugned order dated 20/12/2007 passed by Director of Technical Education, Gujarat State, and further directing the respondent – State and respondent No.2 to accept the representation dated 07/06/2004 and 26/07/2004 (Annexure-N) and treat the petitioner as having been “voluntarily retired” and grant the petitioner all consequential benefits including pensionary benefits and other retirement benefits, further direct the respondent No.2 authority to release amount of arrears towards pension from 07/06/2004 till today and also the amount of gratuity as well as other consequential benefits subsequent to retirement.”

2. FACTS OF THE CASE OF THE PETITIONER:

2.1. The petitioner was appointed as Tracer in the office of the Executive Engineer, Drainage Division, Surat w.e.f. 02/01/1978 and again she was appointed at Technical Assistant in the same office, Canal Division Surat w.e.f. 21/3/1980. Thereafter, the petitioner was appointed as Lecturer in the department of Architecture, Govt. Polytechnic College for Girls, Surat – respondent No.2 on 01/01/1982 and thus, the service of the petitioner as a Lecturer commenced from 01/01/1982.

2.2. The petitioner went on leave from 19/5/1994 to 25/08/1994 for the purpose of visiting abroad – Canada to see her sister. This was first visit of the petitioner to foreign country and she resumed her duty in time i.e. on 26/08/1994 after returning from abroad.

2.3. The petitioner again went on leave from 01/02/2001 to 19/04/2001 for the purpose of going abroad and resumed duty in time on 20/04/2001.

2.4. It is the case of the petitioner that since her sister living in Canada was not keeping well, the petitioner again was required to go to Canada to see her sister and for that purpose, the petitioner made declaration along with an application for obtaining No Objection Certificate for the purpose of leave in her college stating that the petitioner was supposed to go abroad and in the event if the petitioner fails to resume duties as Lecturer in the Department of Architecture, immediately after the expiry of the period of leave, that might be granted to the petitioner, as per the declaration, that may be considered as resignation of the petitioner from service of Govt. of Gujarat, and in that case, the Government may proceed further as if, the petitioner has resigned from service of the Government.

2.5. On 17/2/2003, the petitioner again made an application along with separate reminder for obtaining No Objection Certificate for the purpose of going abroad. Thereafter, again the petitioner appraised the Principal Govt. Polytechnic College Surat about her tour to Canada to begin on 08/06/2003, anticipating receipt of No Objection Certificate.

2.6. It is the case of the petitioner that after reaching Canada, the petitioner’s health deteriorated and she sustained severe back pain on account of sciatica. Therefore, the petitioner immediately informed the Principal, Govt. Polytechnic College, Surat – respondent No.2 with respect to her ill-health by correspondence dated 07/09/2003. In response to that the petitioner received communication dated 25/09/2003 from the Principal, Govt. Polytechnic College, Surat – respondent No.2 informing that prior applications of the petitioner for obtaining No Objection Certificate was granted and her leave was sanctioned upto 15/09/2003 and it was stated that the students were suffering a lot on account of absence of the petitioner - Lecturer and the petitioner was asked to resume forthwith.

2.7. The petitioner, therefore, again informed the respondent No.2 expressing regret about her difficulties being faced by the students and staff member