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HIGH COURT OF GUJARAT
MS. JUSTICE SONIA GOKANI, MR. JUSTICE HEMANT M. PRACHCHHAK, JJ
VANDANA KHATRI W/O NISHANT SHARDA – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. maternity leave and repatriation process (Para 1 , 2) |
| 2. arguments against the tribunal's decision (Para 5) |
| 3. judicial review of repatriation procedures (Para 7 , 12) |
| 4. precedents on repatriation and notice requirements (Para 8) |
| 5. court's directive on notice and salary payment (Para 13 , 14) |
JUDGEMENT
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The present Special Civil Application is filed under Article 226 of the Constitution of India . The petitioner seeks issuance of writ of certiorari or any other appropriate writ for quashing the order dated 28.07.2022 passed by the Central Administrative Tribunal in Original Application No. 81 of 2022 dismissing the application and confirming the relieving order dated 15.11.2021, repatriating the petitioner to her parent department i.e. CGST, Audit, Durgapur, Kolkata without serving any notice during her maternity leave and also passing the consequent order dated 29.07.2022 relieving the petitioner with immediate effect.
2. The brief facts leading the present petition are as follows:-
2.1. The petitioner joined the services of Central Government as Inspector on 04.12.2018 and was posted in the Commissione
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