IMPORTANT POINT
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Ms. Prachi Upadhyay, the learned advocate appearing for Mr. Vaibhav A. Vyas, the learned advocate appearing for the petitioners, Mr. D. G. Chauhan, the learned advocate appearing for the respondents No.1 and 5.

2. The petitioners herein are by way of present petition preferred under Article 226 of the Constitution of India have challenged the order dated 3.8.2005 passed by the Gujarat Secondary Education Tribunal, dismissing the Application No.174 of 1998 filed by the petitioner herein. Being aggrieved by the impugned order, as referred above, the petitioners are seeking for the following reliefs :-

“[A] YOUR LORDSHIPS may be pleased to admit and allow this petition.

[B] YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari, or any other appropriate writ, order Or direction, by quashing and setting aside the impugned order dated 3/8/2005 passed by the Hon'ble Tribunal in Application No.174/1998, at Annexure “A" to the petition, and the impugned order dated 19/4/1996 passed by the respondent No.1, at Annexure “B" to the petition.

[C] YOUR LORDSHIPS may be pleased to direct the respondents to reinstate the petitioner in service with full backwages and all other consequential benefits.

[D] YOUR LORDSHIPS may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari, or any other appropriate writ, order or direction, by directing the respondents not to fill up the post of Assistant Teacher on which the petitioner was serving.

[E] Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to stay the execution, operation and implementation of the impugned order dated 3/8/2005 passed by the Hon'ble Tribunal in Application No.l74/1998, at Annexure-A" to the petition, and the impugned order dated 19/4/1996 passed by the respondent No.l, at Annexure "B" to the petition;

[ii] direct the respondents to reinstate the petitioner in service with full backwages and all other consequential benefits;

[iii] direct the respondents not to fill up the post of Assistant Teacher on which the petitioner was serving.

[F] Pending admission, hearing and final disposal of this petition, YOUR LORDSHIPS may be pleased to restrain the respondents authority from implementing the impugned order dated January 15, 2003 passed by the respondent No.2 herein, and the impugned order dated March 4, 2005 at Annexure “C” to the petition, and, the impugned Notice for recovery dated December 2, 2005, at Annexure "D" to the petition.

[F] YOUR LORDSHIPS may be pleased to pass such other and further relief in favour of the petitioners, as deemed just and proper, in the facts and circumstances of the case.”

3. Brief facts leading to the filing of the present petition read thus :-

3.1 The petitioner herein was initially appointed in the respondent No.1 School as an Assistant Teacher on 24.6.1986 initially for a period of two years. Thereafter, the petitioner was made permanent and she served with great care, sincerity and dedication.

3.2 The petitioner has initially remained absent for some period on medical grounds. The respondent University issued notices to the petitioner for remaining present and addressed several communications for the period for which the petitioner had remained absent.

3.3 The petitioner received notice on 23.2.1995 asking the petitioner to show cause as to why further steps should not be initiated against the petitioner for remaining unauthorisedly absent.

3.3 The administrative officer was appointed who asked for certain details from the university for the period of unauthorized period of absent of the petitioner. By communication dated 11-13.2.95, the respondent University sent details to the administrative officer of the university pointing out the relevant dates of absence of the petitioner.

3.4 The petitioner remained absent from 2.12.1991 to 18.12.1991 for a period of 17 days. On 2.12.1991, a report for leave on medical