C.M.No.10963-C of 2011 in RSA No.2728 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M.No.10963-C of 2011 in RSA No.2728 of 2011(O&M) Date of Decision: September 23, 2011 Smt.Sunita Dagar .....Appellant v. The Secretary of Financial Commissioner, Education Department, and others. .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.N.D.Achint, Advocate for the appellant. ...... RAM CHAND GUPTA, J.(Oral) C.M.No.10963-C of 2011 In view of the facts mentioned in the application, the same is allowed and order dated 12.9.2011 dismissing the appeal in default is restored. Registry is directed to register the appeal at its original number. Application stands disposed of accordingly. C.M.No.7368-C of 2011 Application is allowed subject to all just exceptions. RSA No.2728 of 2011 The present regular second appeal has been filed against judgment and decree dated 1.2.2011 passed by learned Additional District Judge,Gurgaon, dismissing appeal filed by present appellant-plaintiff against judgment and decree dated 21.7.2010 passed by learned Additional C.M.No.10963-C of 2011 in RSA No.2728 of 2011(O&M) -2- Civil Judge (Senior Division), Gurgaon, vide which suit filed by appellant- plaintiff was dismissed. I have heard learned counsel for the appellant and have gone through the whole record carefully including both the judgments passed by learned Courts below. Briefly stated admitted case of the parties is that appellant- plaintiff was appointed as Math Mistress on contractual basis for 89 days vide letter Ex.PW2/1 and she joined her duties in Government Girls High School, Tauru, on 1.10.1997. She worked on the said post upto 26.1.1998 and thereafter she absented. She sent an application to the Principal, Government Girls High School, Tauru (Gurgaon), requesting for grant of leave with effect from 28.1.1998 on the plea that she was not feeling well without giving any medical certificate. It was mentioned in the application that the medical certificate would follow. She proceeded on leave without getting her leave sanctioned and later on she only informed the District Education Officer, Gurgaon, that she had given a birth to a baby on 28.1.1998. However, as there was no provision for maternity leave being contractual appointee, her leave was rejected by the competent authority and as she did not join her duties till 4.2.1998 hence, she was relieved of her duties, with effect from the said date. She kept silent thereafter and filed the present suit in the year 2003. Though she had taken the plea that she had written several letters to the defendants and, however, none of the said letters were sent by post. She had taken the plea that letter was handed over to the defendants by hand and however, no acknowledgment of the same has also been produced. Receipt of any such letters have been denied by the defendants. Both the Courts below after appreciation of evidence came to C.M.No.10963-C of 2011 in RSA No.2728 of 2011(O&M) -3- the conclusion that no case is made out in favour of appellant-plaintiff for quashing of letter dated 4.2.1998 issued by respondents-Management. Hence, in view of these facts, it cannot be said that any illegality has been committed by learned Courts below in passing the impugned judgments and decrees. Finding recorded by the learned courts below is fully justified by the evidence on record and is supported by cogent reasons. The said finding is not shown to be perverse or illegal nor it is based on misreading or misappreciation of the evidence. Hence, the said finding does not warrant interference in this second appeal. No question of law, much less substantial question of law, arises for determination in this second appeal. Accordingly the appeal is dismissed in limine. 23.9.2011 (Ram Chand Gupta) meenu Judge