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Delhi High Court - Orders

Dr Rashi Bankar vs Jawaharlal Nehru University Through ... on 25 July, 2022

Author: Rekha Palli

Bench: Rekha Palli

                          $~58
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 9632/2022
                               DR RASHI BANKAR
                                                                               ..... Petitioner
                                                Through: Mr. Abhik Chimni, Ch. Animes
                                                         Prusty and Ms. Moksha Sharma, Adv.

                                                    versus

                                 JAWAHARLAL NEHRU UNIVERSITY THROUGH ITS VICE
                                 CHANCELLOR & ORS.
                                                                          ..... Respondents
                                             Through: Ms. Ginny J. Rautray and Mr.
                                                      Navdeep Singh and Mr. Samrat
                                                      Anand, Advs. for R-1/JNU.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 25.07.2022 CM APPL. 28744/2022

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 31795/2022

3. For the reasons stated in the application, the delay of 7 days in filing the reply/counter affidavit is condoned and the same be taken on record.

4. The application stands disposed of.

W.P.(C) 9632/2022

5. The petitioner has approached this Court assailing the respondent's order dated 17.05.2022, whereby despite an NOC having been given Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:26.07.2022 17:04:28 to the petitioner on 12.11.2021 for appearing in the interview for the post of Assistant Director (Technical) in the Food Safety and Standard Authority of India (FSSAI)with a specific condition that in case she is selected, she will be relieved as per rules, she has now been informed that she cannot be relieved by the respondent's on account of the acute shortage of staff.

6. Learned counsel for the respondent submits that despite the acute shortage of staff, because of which the petitioner cannot be relieved for joining FSSAI on deputation, in case she seeks to resign from the service of the respondents, her request for being relieved on resignation will be immediately processed and approved.

7. After some arguments, learned counsel for the petitioner prays for and is granted time to cite case law as to an employee's right to insist that despite there being a shortage of staff manpower, he/she must be permitted to join another organisation on deputation only because of the earlier NOC granted to him/her.

8. At request, list on 27.07.2022.

REKHA PALLI, J JULY 25, 2022 acm Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:26.07.2022 17:04:28