D.N.PATEL - (1.) COUNSEL for the petitioner is challenging the order, passed by the respondents dated 11th June, 2010 which is at Annexure7 to the memo of the present petition and it is submitted that the services of the petitioner have been terminated without giving any show cause and without holding any inquiry. The petitioner was working as Para Teacher.
(2.) COUNSEL for the respondents submitted that they have filed a detailed counter affidavit and especially in paragraph19 thereof, it has been stated that the petitioner's services have not been terminated, but, some inquiry of certain documents submitted by the petitioner, is going on and proper step/notice/notices shall be given to the petitioner for taking legal action, but, as on today, the petitioner's services have not be terminated and the petitioner is continued in service, but, there is an order not to take work from the present petitioner. Having heard counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to quash and set aside the order passed by the respondents dated 11 th June, 2010, which is at Annexure7 to the memo of the present petition keeping in mind paragraph19 of the counter affidavit, filed by the respondents. Paragraph19 of the counter affidavit reads as under: "That with regard to the statements made in para2(A) of the writ application, it is stated that the impugned letter dated 11.06.2010 is neither illegal nor violative of Articles 14 and 16 of the Constitution of India. The petitioner has not been terminated. She has been restricted only from performing education work till final verification of the certificate." (Emphasis Supplied) In view of the aforesaid submissions in the counter affidavit and as the petitioner is continued in the services there is no question whatsoever arises for quashing of the order dated 11th June, 2010, which is at Annexure7 to the memo of the present petition.
(3.) COUNSEL for the petitioner submitted that if the petitioner is continued in service, the petitioner ought to be paid salary/wages/honorarium in accordance with law. Counsel for the respondents submitted that they have no much objection to make the payment of salary/wages/honorarium to the petitioner in accordance with law, rules, regulations, policies and enforceable Government orders applicable to the petitioner. In view of these limited submissions, I hereby, direct respondent no.1 or any such authorized officer appointed on behalf of respondent no.1 to calculate the legally payable amount towards salary/wages/ honorarium within a period of four weeks from the date of receipt of a copy of an order of this Court and after calculation of the aforesaid legally payable amount, the same will be paid within a period of four weeks thereafter, to the petitioner. Liberty is reserved with the respondents to initiate action against the petitioner, if they are so choosing, in accordance with law and at least after following the principles of natural justice.;