- (1.) The petitioner, a Lecturer in Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, applied for grant of medical leave for a week on 07/08/2008. After getting fit to resume her duty, the petitioner reported on 14/08/2008, but the Principal of the college did not allow the petitioner to join her duty, rather on 18/08/2008, an order was passed by the Principal by which the petitioner was forced to go on medical leave for six months. Being aggrieved with that order, a writ application bearing W.P. (S) No. 1314 of 2009, was filed. That writ application was disposed of on 19/10/2011. The operative part of the orders are as follows:- Having heard learned counsel for the parties, it does appear that it was sheer arbitrariness on the part of the Principal of the College to force the petitioner to go for medical leave for six months when the petitioner had never applied for medical leave, rather she had availed medical leave for a week and after availing the same, she reported before the Principal on 14.8.2008 with a certificate of fitness but the Principal did not allow her to join her duty though the certificate of fitness had been produced before him. Subsequently the Principal whimsically passed order forcing the petitioner to go for medical leave for six months without there being any material before him that the petitioner was required medical leave or was medically unfit. Under these situations, the order dated 18.8.2008, as contained in Annexure-7, is hereby quashed. Consequently, the petitioner would be entitled to all the consequential financial benefits as she was arbitrarily forced to go for medical leave for six months. The amount be paid to the petitioner with interest @ 6% per annum from the date on which it was legally payable. Accordingly, this writ application is allowed with a cost of Rs. 5,000/- which will be paid by the Principal of the College to the petitioner within a period of 15 days from the date of receipt of a copy of the order of this Court. If the amount is not paid, the Management of Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi will deduct the aforesaid amount from the salary of the Principal and the same be paid by the Management to the petitioner within a period of two months upon failure of payment of cost by the Principal of the College. It goes without saying that the petitioner's joining be accepted immediately.
(2.) On 18/11/2011, a review application bearing Civil Review No. 104 of 2011, was filed on behalf of the Principal, Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, seeking review of the order passed in the aforesaid writ application on the ground that the petitioner cannot be allowed to join the post as the Science Faculty does not have any affiliation either with the Jharkhand Academic Council or with the Human Resource Department, Government of Jharkhand, Ranchi. That review application was disposed of after observing that the matter relating to writ application never concern with the joining of the petitioner in the Department of Physics, rather it was concerned with the matter where the petitioner was forced to go on medical leave for six months, which order was quashed. In that situation, it was held that the order dated 19/10/2011, passed in the writ application never warrants to be reviewed.
(3.) Thereupon, this contempt application was filed for initiating a proceeding under the Contempt of Court Act against the Principal for not allowing the petitioner to join on the post, which she was holding and also for not paying the consequential financial benefits as ordered by this Court in the writ application. While the matter was pending, a Civil Review application bearing C.M.P. No. 258/2013, came to be filed on behalf of the petitioner seeking modification of the order, passed in civil review application bearing No. 104/2011, wherein it had been observed by this Court that the writ application never concern with the joining of the petitioner in the Department of Physics on the ground that the said observation was made perhaps in inadvertence. The contention, which had been made, appears to be correct. From perusal of the order passed in the writ application, it does appear that when the petitioner after availing medical leave, reported for joining, was not allowed to join, rather she was forced to go on medical leave for six months. The order, under which the petitioner was forced to go on medical leave, was quashed and at the same time, the authorities were directed to accept the petitioner's joining immediately.;