STATE OF PUNJAB Vs. HARBHAJAN KAUR

JUDGEMENT

(1.) LEAVE granted. Heard both sides.

(2.) THE respondent herein filed a civil suit alleging that she was not appointed by the State, though selected for the post of Mid-wife, while other candidates with lesser merit were appointed on 17. 6. 1986. The suit was decreed on 31. 7. 1997 declaring that the appellant was entitled to be appointed and directing the appellant State to consider her for appointment within a period of three months from the date of decree. The State went in appeal against the decree and that appeal was dismissed. The State filed a second appeal which was dismissed and the SLP filed by the State was also dismissed. Only thereafter, the respondent was appointed on 31. 8. 2000.

(3.) AS per the decree dated 31/7/1997 in the first round litigation, the respondent ought to have been appointed within three months from that date, that is 31/10/1997. But we find that on account of that decree being challenged, the respondent was appointed only on 31/8/2000. In the circumstances, the respondent was entitled to get the benefits of appointment including salary and allowances only from 1/11/1997, as per the decree dated 31/7/1997. In the result, we allow this appeal in part and modify the decree by substituting the effective date of appointment of respondent as 1/11/1997. Consequently, the State shall also pay salary and allowances to the respondent only from 1/11/1997 and not from 8/10/1991. No costs.