BRIJ MOHINI Vs. STATE & ORS

JUDGEMENT

(1.) Petitioner has sought writ of Mandamus commanding the respondents to grant in her favour the leave salary for the period from 5th of November' 1974 to 3rd of February' 1979, Pay dues from April' 1974 to August' 1974 and November 1974 onwards up to November1998 and also to fix her pay keeping in view the revision of pay scales and next higher grade, on the grounds taken in the petition.

(2.) Respondents have filed the reply. Petitioner, who is in second round of litigation, has also filed the rejoinder. In the first round, petitioner filed SWP No. 422/1992, came to be allowed vide judgment dated 5th of November' 1998 with the direction to the respondents to settle the leave period of the petitioner and to issue order of posting in her favour. Petitioner was also directed to submit her joining report to Chief Education Officer, Jammu. The dispute in the said judgment was about release of salary to the petitioner from 4th of February' 1979, leave salary from 1974 to 3rd of February' 1979, pay salary for the period April 1974 to August 1974 and for onward period from November' 1974 till the filing of the writ petition. Petitioner had also sought promotion to the next higher grade. Writ petition came to be allowed as discussed hereinabove.

(3.) It is further contended that the petitioner was allowed to join, her posting was ordered and she drew salary thereafter but neither her service benefits for the period mentioned in the writ petition has been settled nor she has been placed in the higher grade in terms of the judgment, constraining her to file so many representations but in vain. It is further averred that in the meantime, she has reached her superannuation. It is admitted fact that the respondents have not questioned the judgment passed by this Court and have neither conducted an enquiry nor settled the period in question.