ANNAMMA CHERIAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this position, the petitioner seeks a writ in the nature of mandamus commanding the respondents to release forthwith, the salary of the petitioner, which has been withheld since February, 2006, an further, to pay interest at the rate of 12% per annum.

(2.) SHRI Thomas, learned counsel appearing for the petitioner submits that initially, the petitioner was appointed as Staff Nurse on 20th October, 1972, There after, she was promoted to the post of Nursing Sister in January, 1990. By order dated 04th February 2005, the duty of the petitioner was assigned at Matron Office and the petitioner was ordered to report on duty on 06th February,2005 Which was duly complied with There after, by order dated 14th July,2005 the respondent No.2 entrusted the entries charge of ward No. 25 and directed the petitioner to take charge within two days, however, due to some administrative problem, the petitioner could not take charge. Again the petitioner was directed to take charge of the Eye O.T. which could also not be taken. Thus, vide order dated 3rd August, 2005 the petitioner was placed under suspension and subsequently, departmental enquiry was initiated against the petitioner on charges of noncompliance of the orders, During the departmental enquiry, the petitioner filed an application dated 28th November, 2005 for cancellation of the suspension order and tendered an unconditional apology. The respondent No. 2, by order dated 26th December, 2005 revoked the suspension and the petitioner again resumed her duty in Matorn's Office. The petitioner was attending her duty regularly, however she was paid salary only up to the month of January, 2006 thereafter, she has not been paid a single penny, for which the petitioner made repeated applications, but all in vain. Even no reason has been assigned for with holding of her salary. Shri Thomas, further submits that no reason was assigned for withholidng the salary and further, the petitioner is being harassed by the authorities mentally.

(3.) HEARD learned counsel appearing for the parties, perused the pleadings and documents appended there to.