ANITA NAINWAL Vs. DISTRICT JUDGE, PAURI GARHWAL

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following reliefs, among others:

(2.) It is a case of an employee of judgeship of Pauri Garhwal, who was given compassionate appointment after the death of her husband on 10.08.2006. When the matter relating to release of general provident fund of the deceased employee was being discussed in the chamber of the then learned District Judge, Pauri Garhwal on 14.09.2016, in the presence of the parents of the deceased, allegedly, the petitioner (wife of the deceased) raised the pitch of voice in pursuit of release of funds in her favour and thereby created furore, which, according to the then learned District Judge, amounts to indiscipline and misconduct. As per Annexure-2 to the writ petition, the petitioner-wife was pleading her entitlement to the release of general provident fund in her favour. She was on probation period and was a temporary employee. Perturbed by her behaviour and the language used by the petitioner, her services were terminated with immediate effect vide order dated 14.09.2016. Such an order was passed without conducting enquiry.

(3.) Such an order was challenged by the petitioner-wife before this Court. Writ Petition no. 1553 of 2006 (S/S) was decided by learned Single Judge on 28.06.2010 in favour of the petitioner-wife. The petition was allowed. The petitioner was directed to be reinstated, but was held to be not entitled for payment of any back wages from the date of her termination till the date of her reinstatement. It was added in the order that this period would be counted towards her length of service. (copy Annexure 3 to the writ petition).