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2022 Supreme(HP) 703

SATYEN VAIDYA
Lalita Jindal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.M. Chauhan, Sr. Advocate with Mr. Amit Himalvi.
For the Respondents:Mr. Desh Raj Thakur, Additional Advocate General with Mr. Narender Thakur, Deputy Advocate General.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for following substantive reliefs:-

    “(i) That the impugned termination order dated 30.04.1006 (Annexure A-2) is void-ab-initio, illegal, unfair and not in accordance with law and such the same be quashed and set aside.

(ii) That the applicant be reinstated in service from the date of her illegal termination will all consequential benefits of arrears, seniority and other benefits.”

2. The case of the petitioner in nutshell is that she was appointed as Forest Guard w.e.f. 28.02.1986. She had to proceed on leave w.e.f. 07.08.1995 to 09.08.1995, on account of ill health of her mother-in-law. She could not rejoin as the health condition of her mother-in-law did not improve. Petitioner applied for extension of leave for 15 days by sending a telegram to respondent No.3. Similar request was once again made on 14.09.1995. Petitioner could not join her duties till 01.05.1996, on account of her domestic circumstances. However, on 01.05.1996, she was informed that her services had been terminated by respondent No. 3, vide order dated 30.04.1996.

3. Petitioner initially assailed her termination by raising industrial disput

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