High Court of Punjab and HaryanaCOCP/1822/2016dismissed

Meena Kumari Jain v. Balbir Singh And ORS

2017-05-01Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2017.05.01 18:40 I attest to the accuracy and integrity of this document COCP No.1822 of 2016 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH COCP No.1822 of 2016 Date of Order: 01.05.2017 Meena Kumari Jain ....Petitioner

Versus

Balbir Singh Dhol and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Raman B Garg, Advocate for the petitioner. Mr. Anant Kataria, DAG, Punjab.

JASWANT SINGH, J (ORAL) The claim of the petitioner for promotion from the rank of JBT Teacher to the post of S.S. Mistress w.e.f 09.10.2001 i.e the date on which her junior Smt. Vijya Lakshmi and Harjinder Pal Kaur were promoted with all consequential benefits, was directed to be disposed of within three months from the receipt of certified copy of order dated 22.7.2015 passed by this Court in CWP No.14538 of 2015.

Upon notice, a reply has been filed and order dated 09/17.11.2016 has been placed on record as R.3/2 whereby the petitioner was promoted as S.S. Mistress w.e.f 09.10.2011 and allotted the station i.e S.S.S.S Bakhor Kalan (Sangrur). It is, thus, stated that the orders have been complied with and the contempt has become infructuous.

At the time of hearing today, learned counsel for the petitioner submits that the aforesaid order dated 17.11.2016 was modified vide subsequent order dated 20/22.12.2016 qua the place of posting to be given at Govt. High School, Maniana, District

COCP No.1822 of 2016 #2# Sangrur as the petitioner after being relieved on 07.12.2016 was not permitted to join at Bakhor Kalan (Sangrur) due to nonavailability of vacancy. The petitioner, in terms of subsequent order, has joined her duties on 23.12.2016 at new placing of posting. Prayer, thus is for directing release of the salary for the period w.e.f 07.12.2016 to 22.12.2016.

Learned counsel for the respondents concedes that the petitioner is entitled to the salary for the said period due to awaiting of proper posting order.

In view of the above, present contempt petition is dismissed as having become infructuous. The D.E.O, Sangrur is directed to ensure that due salary for the aforesaid period is released to the petitioner. Rule is discharged. May 01, 2017 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No