JUDGMENT :

1. Heard learned counsel for petitioner Sri Gaurav Mehrotra & Sri Abhinit Jaiswal and learned Standing Counsel for the State.

2. Despite the best efforts of all still, how a working woman can be harassed even in this era is reflected in the facts of the present case. Petitioner, a doctor by qualification, after getting selected by U.P. Public Service Commission, in furtherance of appointment letter dated 01.09.2010, joined as a lecturer at the Lala Lajpat Rai Memorial Medical College, Meerut & was subsequently promoted to the post of Associate Professor. On 19.09.2018, the petitioner was transferred from Meerut Medical College to Saharanpur Medical College. Though the petitioner has challenged the aforesaid transfer order, it could not succeed. Meanwhile, the State Government made an arrangement vide Office Memorandum dated 19.07.2019 whereby the petitioner along with some other Doctors were directed to render their services at Saharanpur Medical College along with the previous place of posting of petitioner i.e., Meerut Medical College.

3. The petitioner by means of several applications expressed her difficulty in rendering the services & sought child-care leave on account of medical issue of her daughter who has a severe case of Bronchial Asthma and suffers from frequent Asthmatic attacks which requires tonsillectory plus immune therapy as well as constant care & attention.

4. The petitioner has further contended that neither her leave was sanctioned nor the salary was paid to her. The petitioner further submitted that she preferred a representation before respondent No.1 on 01.01.2020 & 08.01.2020 apprising therein that five applications had been preferred by her seeking child-care leave & medical leave, however, none of them were considered. It was also apprised that the petitioner has not even been paid her salary for the period July 2019 to September 2019 & January 2020 to 24.02.2020. The petitioner by means of representation dated 01.01.2020 & 08.01.2020 requested respondent No.1 to consider her bonafide & genuine claim else she will be left with no other choice than to resign from the service.

5. It had been further stated that when no action on the aforesaid representation was taken by respondent No.1, the petitioner ultimately tendered her resignation on 24.02.2020. Shockingly, neither the resignation tendered by the petitioner was accepted nor rejected by respondent No.1 till 23.05.2020 i.e., till 3 months notice period for accepting her resignation expired.

6. It was after a lapse of more than 7 months from the date when the petitioner tendered her resignation that the impugned order dated 25.09.2020 was issued by respondent No.1 whereby an enquiry on account of being absent from duty was initiated against the petitioner. Further by means of another impugned order dated 26.09.2020 issued by respondent No.1, the resignation tendered by the petitioner was rejected on the ground of public interest.

7. On 02.12.2020, when the present matter was taken up while staying the disciplinary proceedings initiated against the petitioner vide order dated 25.09.2020, this Court passed the following order:-

"Heard Shri Gaurav Mehrotra, learned counsel for petitioner and Shri P. K. Singh, leamed Additional Chief Standing Counsel for State.

Perused Annexure No. 8 which is, inter alia, a leave application by petitioner which was not acceded to nor was it rejected by communicating any such order. She tendered her resignation on 24.02.2020 as on account of the reasons mentioned in the said letter and other reasons pertaining to the health of her child etc. she was unable to leave Meerut permanently and work at Saharanpur where she had been working since 2017 as alleged. The notice period for resignation expired on 24.05.2020 during which no decision was communicated to her. It is said that it is only in July, 2020 that the Director General, Medical Education and Training, U.P Lucknow communicated the offer of resignation by petitione