- (1.) This Letters Patent Appeal has been filed by the petitioner against the judgment of the learned Single Judge in CWP 12248 of 1997 decided on 21.12.2001. The judgment is challenged only partially as the writ petition has actually been allowed but the arrears of emoluments have been restricted to 50% of the amount she would have earned had she not been illegally kept out of service.
(2.) The petitioner was appointed as a Welfare Officer in the Indian Red Cross Society on 4.9.1986 and posted to Base Hospital, Guwahati. On 19.8.1991, the petitioner was transferred and posted to Military Hospital, Amritsar. From there, in July 1995 she was transferred to 159 General Hospital, Ferozepur. The petitioner filed a representation on 25.7.1995 seeking cancellation of the transfer order on the ground that her children were studying in Amritsar. She had also brought to the notice of the respondents that she herself was a law student of Guru Nanak Dev University, Amritsar. Even respondent No. 3, the Commanding Officer, who was looking after the General Hospital, Ferozepur, accepted the request of the petitioner and on 26.7.1995 recommended that her transfer be stayed for the time being. Thereafter, a telegraphic communication dated 5.10.1995 was sent to Military Hospital, Amritsar, to relieve the petitioner as she was to join duty at Ferozepur. A movement order was issued, wherein it was mentioned that her name had been struck off from the rolls of Military Hospital, Amritsar, w.e.f. 22.10.1995. She was given six days' joining time. This movement order was in fact not served on the petitioner. During this period, the petitioner fell ill and she was under medical treatment till 4.1.1996. Her salary was not paid from November 1995. When she reported for duty at Military Hospital, Amritsar, on 3/4.1.1996, she was not allowed to join duty. She was told to go to Ferozepur. Aggrieved by the aforesaid action of the respondents, the petitioner filed a civil suit on 22.2.1996 seeking a permanent injunction restraining the defendants from implementing the transfer order dated 22.10.1995. Since there was no progress in the civil Court, she reported for duty at Ferozepur on 9.4.1997. She was permitted to join. The petitioner had not been paid her salary and allowances since November, 1995. She, therefore, made a representation to the Commanding Officer at Ferozepur who in terms of communication dated 20.6.1997 approached the Secretary General of the Indian Red Cross Society at New Delhi for release of her salary and allowances. The petitioner then applied for six days leave from 23.6.1997 to 28.6.1997. The leave was granted but subsequently cancelled. When the petitioner reported for duty, she was served with the letter dated 9.7.1997. In this letter, it is stated as follows :- 159 General Hospital c/o 56 APO 160/Admn/97 Mrs. Naresh Sharma IRC Welfare Officer. Struck of Strength : 1. Ref to HQ IRCS letter No. 12/W/119/Est/222 dated 1 July 97 (photocopy at). 2. Your taken on strength to this hospital is wrong as per direction from HQ IRCS vide letter under reference and you are to be SOS from this hospital forthwith.
(3.) In view of the above, you have to hand over the IRC stores by 10th July, 1997 positively. Sd/- HS Hooda Lt Col Registrar For Offg Codg Offr" The conclusion was reached at by the respondents on the basis of the opinion rendered by the Legal Adviser who had opined as under :- "Nothing can be done the matter is pending. However, the action of Commandant in admitting the Welfare Officer has rendered the trial Court's order nugatory and is therefore wrong." It is recorded thereafter as follows :- "From the above advise, you will observe that the action taken by you permitting Mrs Naresh Sharma to join duty at 159 General Hospital on 9th April, 1997 during the pendency of the case is wrong and you are therefore advised to SOS her from 159 HQ immediately lest it may not treated as contempt of court." 3. After noticing the aforesaid facts, the learned Single Judge has held that the action of the respondents in not permitting the petitioner to join duty is erroneous. The writ petition has been allowed and the order dated 1.7.1997 (Annexure P-9) and the order dated 19.7.1997 (Annexure P-10) have been quashed.;