Neutral Citation No. - 2025:AHC:78935 Court No. - 6 Case :- WRIT - A No. - 13362 of 2020 Petitioner :- Shashi Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Shukla,Mohan Gupta Counsel for Respondent :- Arun Kumar,Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ashok Kumar Shukla, learned counsel for petitioner and Sri Ashish Kumar Nagwanshi, Advocate for Respondent-3. 2. Petitioner was appointed on contract basis as a Part Time Instructor and her contractual appointment was renewed on yearly basis atleast for five years. Petitioner went on maternity leave which was approved from 03.07.2018 to 02.10.2018. However, thereafter from 04.10.2018 to 11.04.2019, i.e., four about six months, petitioner remained absent. 3. Learned counsel for the petitioner fairly submits that though an application was filed for sanction of leave alongwith relevant documents but it was not sanctioned. He further submits that a procedure has been prescribed to remove any such contractual appointee in Government Order dated 29.11.2019 that the employee shall be put on show cause notice and reply be considered, however, such process was not undertaken. 4. The Court asked a pointed query to show that petitioner’s health was in a condition that she was not able to attend duties between 04.10.2018 to 11.04.2019. 5. In reply to aforesaid query, learned counsel for petitioner refers a document annexed alongwith this writ petition purportedly a certificate issued by Dr. Shikha Tandon, a Gynecologist, that petitioner underwent LSCS and on 08.08.2018 she was advised bed rest. A fitness certificate was issued on 11.04.2019. However, alongwith aforesaid certificate no prescription is place on record, how her backache was treated. 6. Otherwise also, for a period of six months if a person is on bed rest, there must be some other consultation with specialist but the same is not on record. On 27.10.2018 Dr. Shikha Tandon has only advised bed rest on complaint of backache and subsequently on 11.04.2019 a certificate was issued by same doctor that on 08.08.2018 she was advised rest due to backache and now she is fit. However, in between (27.10.2018 to 08.08.2018) petitioner has not placed any prescription that she visited Doctor. This required an inquiry and for that the Court directs that Chief Medical Officer concerned shall initiate an inquiry how such certificate is issued by a Doctor. 7. At this stage, learned counsel appearing for Respondent-3 submits that aforesaid certificates are nothing but to create a defence without any substantial proof that petitioner was suffering from such a serious backache that she was on bed rest for about six months. 8. In aforesaid circumstances, petitioner remained on unauthorized absence for about six months and there is no document on record that her said absence was sanctioned. The aforesaid fact is not denied and as referred above prima facie Court is of the opinion that certificates issued in favour of petitioner are not on basis of correct medical examination. A substantial compliance is made since petitioner was put on notice and she has also filed her reply. Otherwise also, no medical prescription is on record to support claim of petitioner that she has suffered backache for about six months, therefore, no relief can be granted to petitioner. 9. The writ petition is accordingly dismissed. 10. A copy of this order shall be sent to Chief Medical Officer concerned for compliance. 11. Registrar (Compliance) to take steps. Order Date :- 14.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad