P.P. Gupta, J. - (1.) BY this petition the petitioner, Smt. Prabha Sharma, has prayed for writ of certiorari quashing the impugned order dated 27 -7 -1989, passed by the District Inspector of Schools (hereinafter referred to as 'DIOS'; Mathura, respondent No. 1, and also for a writ of mandamus directing the respondents to pay the arrears of salary to her amounting to Rs. 1,94,112.35P. together with interest at the rate of 12% per annum from the due date till the date of actual payment. This case has a chequered history and the petitioner has been running from pillar, to post for seeking the relief.
(2.) THE facts of the case, in brief, are that the petitioner was appointed on 1 -7 -1966, as Headmistress of Shukhda Shiksha Mandir Balika Inter College, Brindban, district Mathura, which was, at that point of time, only a High School. In the year 1970, the said school was upgraded and became Intermediate College and thereafter the petitioner, being the Headmistress of the High School, was appointed as Principal of the college. On account of some dispute having arisen between the petitioner and the Committee of Management, respondent No. 2 the petitioner, was suspended but was subsequently reinstated since her suspension was not approved within the period specified under the Act and the Regulations framed therein. On 19 -9 -1975 a charge -sheet was submitted to the petitioner by respondent No. 2 and on the basis of which an ex parte enquiry was made by respondent No. 2. After the Enquiry, the petitioner was dismissed from service by means of a resolution of respondent No. 2. The said resolution, dismissing the petitioner from service, was forwarded by respondent No. 2 to the Regional Inspectress of Girls Schools (hereinafter referred to as 'RIGS'), who, by her order dated 22 -3 -77, approved the resolution of respondent No. 2. However, she set aside the order of dismissal and substituted the punishment of dismissal by stoppage of three increments of the petitioner.
(3.) AGGRIEVED by the said order of RIGS dated 22 -3 -1977, the petitioner preferred an appeal before the Joint Director of Education (Manila) on 1 -4 -1977. Respondent No. 2 also preferred an appeal against the said order. Since both the appeals were not decided for a considerable long time, the petitioner, preferred a Writ Petition No. 12565 of 1985 in which, besides other prayers, the prayer for payment of salary was also made.;