Sarla Devi Vs State

CWP(T) No. 15600 of 2008 with C.O.P.C. No. 88 of 2008.

02.03.2010. Present: Mr. M.L. Sharma, Advocate, for the petitioner in both the petitions. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. Rajinder Dogra, Mr. Ankush Dass Sood, Additional Advocate Generals, for the respondent-State in both the petitions.

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Ms. Archana Dutt, Advocate, for respondent No. 4 in CWP(T) No. 15600 of 2008.

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With the consent of parties, the impugned order dated 18^th August, 2007 (Annexure A-6) is quashed and set aside.

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Consequently, the Director of Elementary Education is directed to pass a fresh order after hearing the petitioner (Sarla Devi) within a period of four weeks from today. The petitioner undertakes to appear before the Director of Elementary Education on 8^th March, 2010.

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However, it is made clear by way of abundant precaution that the Director of Elementary Education while deciding the matter afresh, shall take into consideration the manner in which the petitioner has claimed herself to be posted at Government Primary School, Plassi Kalan. This question has attained significance only for the purpose to ascertain whether she is entitled to salary for this period or not. There will be a

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: 2 :

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specific finding of the Director of Elementary Education to this effect.

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Since the order dated 28^th August, 2007 is being quashed and set aside with the consent of parties, the consequential contempt proceedings, based on alleged non-compliance of the order, are also disposed of with the consent of parties. The Court also clarifies that it has not prevented the employer to proceed against the petitioner in any manner, if she has violated any Conduct rules.

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With the aforesaid observations/directions, the petitions are disposed of. No costs.

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Copy dasti , on usual terms.

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(Rajiv Sharma), Judge

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March 2, 2010. (bhupender)

Sarla Devi v. State

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Sarla Devi v. State

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