DR. RAJNI KAPOOR Vs. STATE OF HARYANA
LAWS(P&H)-2001-6-17
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 01,2001

Dr. Rajni Kapoor Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

J.S. Narang, J. - (1.) THE petitioner was appointed as Lecturer on August 14,1978 on ad hoc basis and in this regard experience certificate was given by the Princi -pal, Nehru College Jhajjar, copy Annexure PI. The petitioner continued to work on ad hoc basis on the post of Lecturer in Hindi upto August 25, 1982 and on that day she was appointed on regular basis through the Haryana Public Service Commission.
(2.) THE services of the petitioner while working on ad hoc basis were discontinued before the summer vacations and after the summer vacations the employment on the same terms was reiterated. It is this act on the part of the government which was challenged by the petitioner along with many other Lecturers by way of filing CWP No. 8420 of 1989 and apart from the petitioner and the other Lecturers, a number of petitions had been filed by similarly situated Lecturers. The petition was allowed in terms of the decision rendered in CWP No. 4946 of 1998 and 13937 of 1998, which were decided on June 2,1989 and March 17, 1991, respectively. A categoric direction was given to the official respondents to pay the petitioners salary and other allowances for the period of summer vacations and additionally the petitioners were held to be entitled to other benefits like maternity leave, medical leave etc. in accordance with the prevailing rules. Copy of the order passed by a Division Bench of this Court reads as under : - "M.S. Liberhan, J. (Oral) The writ petition Nos. 9869 of 1990, 3711 of 1988, 7942 of 1989, 7941 of 1989 and 8420 of 1989 are allowed in terms of decisions in CWP Nos. 4946 of 1988 and 13937 of 1990, decided on June 2, 1989 and March 17, 1991 respectively. Consequently, we direct the respondent to pay the petitioners the salary and allowances for the period of summer vacation. They shall also grant other benefits to which the petitioners are entitled to, like maternity leave and medical leave etc. in accordance with the Rules. The necessary relief shall be granted to the petitioners within six months from the date of the receipt of the copy of this order. No costs. May 12, 1993 Sd/ -    M.S. Liberhan Judge  Sd/ -    S.S. Grewal Judge" The necessary relief was granted to the petitioner along with others. The petitioner on completion of 20 years of service sought voluntary retirement from the post of Lecturer and in respect thereof served three months notice upon the Government. The request for voluntary retirement was accepted vide order dated July 26,1999, copy Annexure P6. The petitioner was relieved in anticipation of the acceptance of voluntary retirement as she had been relieved on July 16, 1999.
(3.) THE petitioner has neither been given the pension, provident fund, gratuity, GIC and other retiral benefits payable to the petitioner on account of having been relied on July 16, 1999 by having been voluntarily retired. Despite requests having been made and representation dated August 28, 1999, copy Annexure P8 having been submitted, no relief has been granted by the government. Disgruntled, dissatisfied and suffering harassment, the petitioner has filed the present petition. The petition was admitted vide order dated April 25, 2000 and posted before this Bench for directions.;


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