Kamla Devi v. Haryana State Council For Child Welfare And ANR.

CWP No. 9319 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.M. No. 17894-CWP of 2017 in/and CWP No. 9319 of 2017 Date of decision: 12.12.2017 Kamla Devi ....Petitioner(s)

Versus

Haryana State Council for Child Welfare and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Naveen S. Bhardwaj, Advocate, for the petitioner.

Mr. Shalender Mohan, Advocate, the respondents.

G.S.SANDHAWALIA, J. (Oral) C.M. No. 17894-CWP of 2017 has been filed for exemption for the General Secretary of the Haryana State Council for Child Welfare from appearing personally as per order dated 18.05.2017. It is submitted that the order dated 03.05.2017 has already been complied with and the writ petition has been rendered infructuous. Vide the said order, the petitioner was to be considered for posting in an around Panchkula/Chandigarh on account of the fact that she is suffering from blood cancer.

It is the case of the respondents in their reply that vide order dated 25.05.2017 Annexure R-1/1), the petitioner was attached with the District Council for Child Welfare, Panchkula on medical grounds for one year. Her attachment was to be renewed after one year keeping in view her treatment.

Counsel for the respondents-Council accordingly submits that Shivani Gupta 2017.12.15 10:51 I attest to the accuracy and integrity of this document

CWP No. 9319 of 2017 keeping in view the fact that one part of the prayer as such regarding the claim of the petitioner for posting around Chandigarh has been duly redressed, the writ petition has been rendered infructuous. A reading of Annexure R-1/1 with the said order would go on to show that that is the case.

Regarding the second aspect of releasing the outstanding dues of suspension period including subsistence allowance and release of full salary and emoluments, it is the stand of the respondent-Council that all the benefits i.e. salary and other allowances like subsistence allowance have also been paid. Only the salary after 19.01.2017 was to be paid by the District Council, Jhajjar. Mr. Mohan further submits that he has instructions that till November, 2017, the same has also been cleared. Resultantly, keeping in view the above, the writ petition has been rendered infructuous and the same is disposed of as such. No further orders are called in the C.M. also.

12.12.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No Shivani Gupta 2017.12.15 10:51 I attest to the accuracy and integrity of this document