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Judgment
This writ petition has been listed under heading 'To Be Mentioned' at instance of petitioner citing urgency.
Petitioner is an Associate Professor in working in Birbhum Institute of Engineering & Technology. She absented herself on 4th June, 2018 and thereafter sent intimation to the Institute saying her presence was required in Kolkata to look after her terminally ill relative. Along with her communication she sent documents to demonstrate fact of suffering of her relative. The Institute by electronic mail dated 7th June, 2018 had said as follows :-
"I came to know that one of your relatives from your native is hospitalized, I express my sorrow from my heart. It has been noticed that you are absent in the institute from 04/06.2018, without any prior information. I have been instructed by the head of the institute to convey this message to you that tomorrow you have to come to the institute compulsorily, at least for one hour, otherwise disciplinary action will be taken against you. I tried to call u up several times, but your cell phone is switched off."
Petitioner replied she was unable to go and ultimately the Institute by letter dated 26th July, 2018 said as follows :-
"Please refer to your mail dated 25th July, 2018, on the subject.
From our record, it is seen that you are absent from 4th June, 2018 to till date.
Your prayer for leave has not yet been granted by the competent authority.
In this circumstance your absence from the duty has been considered as an unauthorized leave. As a result we are not in a position to release your salary.
It will be on your own interest that you come to the Institute and regularize your absence from duty.'
Mr. Pratip Kumar Chatterjee, learned advocate appears on behalf of petitioner and submits, his client has been working for 13 years in the Institute and was Head of the Department for a while. Her absence, necessitated by attending to terminally ill relative, has resulted in threat of disciplinary action against her. Within two days from being absent she had informed the Institute and asked for adjustment of her earned leave, which stands accumulated in her favour.
Mr. Amit Chatterjee, learned advocate appears on behalf of the Institute and submits, the writ petition is not maintainable as his client is a private self funded institute. His client has procedure in place for sanction and grant of leave. Her absence is, at the present time, unauthorized and hence, salary has not been paid. There should be no interference. Mr. Nandi, learned advocate appears on behalf of All India Council for Technical Education (AICTE) and confirms, the Institute is a private one.
Petitioner is under obligation to comply with formalities regarding obtaining leave from her employer. Documents disclosed have not given impression that on compliance and fulfilling of such formalities, leave will not be granted. Court has ascertained disciplinary proceedings have not yet been initiated against petitioner. Petitioner would be well advised to present herself at the Institute latest by 17th December, 2018 for compliance with formalities regarding her wanting to obtain leave.
With above observations this writ petition is disposed of.