JUDGMENT

Rajendra Babu, J.-Leave granted.

2. The 1st Respondent, Mrs. Sumitra Dash, was working with the 2nd Respondent - Post Graduate Institute of Medical Education and Research, Chandigarh (PGIMER). At her request, ex-India (extraordinary) leave was granted to her by PGIMER with effect from 16/12/1991 for a period of two years by the Order made on 6/4/1992. This leave was sanctioned, inter alia, on the express condition that - "she will neither resign / seek voluntary retirement while on leave nor will request for further extension of ex-India." By this time she had already started working as a consultant Haematologist at the Salmaniya Medical Center, Bahrain.

3. Sometime in 1992, the 1st Respondent filed a Writ Petition bearing No. CWP No. 16212 of 1992 before the Punjab & Haryana High Court challenging the selection and appointment of Petitioner herein as Professor of Haematology in PIGMER. It is submitted, before us that this matter is still pending before the High Court. On 11/12/1993, 1st Respondent requested PGIMER for an extension of her ex-India leave up to 15/12/1994. This request was rejected. PGIMER asked her to resume duty by 14/2/1994. She did not respond to this reque