S.J.MUKHOPADHAYA, J. - (1.) HEARD the parties. This application has been preferred by the petitioner for a direction on the respondents to pay salary/wages for the period, she was forced to remain out of service, because of the order of termination, as also salary for the period from re -instatement i.e. 5th October, 1998 onwards, including the current salary.
(2.) AS the case can be disposed of on short points and the question of legality and propriety of the teachers of the college in question, including the petitioner, seems to be pending consideration before a Committee of Honble Mr. Justice S.C. Agarwal, a retired Judge of Supreme Court, it is not necessary to make unnecessary observations in the present case. The petitioner, who was functioning as a Lecturer (History), Mandar College. Mandar (College - for short), a constituent college under the Ranchi University (University - for short), her services was terminated by the Univesitys order No. B/2220 -22 dated 22nd June. 1995 on the ground of illegal appointment, but the petitioner and some others were subsequently reinstated vide University Notification, as contained in Memo No. 3314 dated 4th October, 1998 in the light of certain orders, passed by the High Court in CWJC No. 4021 of 1995. After reinstatement, the petitioner rejoined the post of Lecturer on 5th October. 1993 and claims to be working but her salary having not been paid, the present writ petition has been preferred.
(3.) COUNSEL for the petitioner gave much stress on the claim of the petitioner for salary for the period from 22nd June. 1995 to 5th October. 1998 i.e. the period the petitioner was forced to remain out of service. However, such claim of the petitioner is fit to be rejected as in the reinstatement order she was intimated vide Memo No. 3314 dated 4th October, 1998 that she will not be getting the arrears of salary. The said order is quoted hereunder: The syndicate at its meeting held on 25 -26.9.98 resolved that Dr (Mrs) Usha Sharma Lecturer in History in Mandar College. Mandar whose name figures in the provisional list approved by the State Government vide letter No. 14/1/2/ 044/87 -181 -C dated 18 -12 -89 against the recommended post and in the report of the Three Man Steering Committee (Format -VIII) whose services were terminated vide Ranchi University Office order No. 13/2220 -22 dated 22 -6 -1995 in utter defiance of the status quo granted by the Honble High Court on 21 -6 -1995 in C.W.J.C. No. 4021 of 1995 and re -affirmed in the final judgment on 31 -1 -1997 and in the light of the Chancellors Secretariat Letter No. RU -26/98 -2141/G.S. (1) dated 21 -7 -1998 in the case of Sri Hari Shankar Prasad similarly placed re - instated with effect from 22 -6 -1995 i.e. the date on which her services were terminated subject to the condition that she would not be entitled to any arrears and the said absence from the Mandar College Mandar would be treated as extra ordinary leave without pay. This re -instatement is also subject to the condition that she will have to deposit in the University the total amount drawn by her as part of salary or remuneration from any institution, other than Mandar College, Mandar in three equal instalments. The payment of her salary would be subject to receipt of funds from the State Government by name. She is directed to report for her duty in the college.;