Decided on June 27,2012

Anita Nainwal Appellant


- (1.) By means of this writ petition, the petitioners have sought the following relief:- A. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 7-4-2011 passed by the District Judge, Pauri Garhwal (copy Annexure-5 to the petition). B. Issue a writ, order or direction in the nature of mandamus commanding the respondent to release the entire back wages in favour of the petitioner from the date of her termination till the date of her reinstatement with penal rate of interest. C. Issue any suitable writ, order or direction, which this Hon'ble Court may deem fit and proper on the basis of the facts and circumstances of the case. D. Award the cost of the petition to the petitioner. The admitted facts of the case are that the husband of the petitioner was working as an Upper Division Clerk in Pauri Garhwal Judgeship, who died in harness on 6-7-2006. Thereafter, the petitioner was appointed in the establishment of the District Judge, Pauri Garhwal, on compassionate ground under the Dying-In-Harness Rules and an appointment letter dated 10th August 2006 was issued by the District Judge appointing the petitioner to the post of Lower Division Clerk. Subsequently, by an order dated 14-9-2006 the services of the petitioner were terminated by the District Judge, which gave rise to Writ Petition No. 1553 of 2006 (S/S), Smt. Anita Nainwal v. District Judge, Pauri Garhwal Learned Single Judge of this Court by order dated 28-6-2010, set aside the order of termination passed against the petitioner and directed her reinstatement in service but without benefit of back wages.
(2.) Aggrieved by the part of the order, whereby back wages were refused, the petitioner preferred Special Appeal before the Division Bench of this Court. The Division Bench by order dated 26-11-2010 passed in Special Appeal No. 147 of 2010, set aside that part of the judgment and order under special appeal whereby entitlement of back wages to the petitioner was declined from the date of termination till the date of her reinstatement. The Division Bench further directed the appointing authority to ascertain whether the appellant was entitled to such back wages or not.
(3.) In compliance of the order passed by the Division Bench, the District Judge Pauri Garhwal relied upon the Apex Court judgment passed in Civil Appeal No. 1138 of 2010 Inderjit Singh v. State of Punjab through Collector and another, 2011 LabIC 1122 decided on 29-1-2010 and by his order dated 7-4-2011 did not find favour with the petitioner on the issue of grant of back wages and dismissed the application of the petitioner. The said order dated 7-4-2011 is impugned in the present writ petition.;

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