LAWS(GJH)-2010-5-148

SUREKHABEN N RAINDANI Vs. STATE OF GUJARAT

Decided On May 13, 2010
SUREKHABEN N.RAINDANI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the order dated 01st September 1999 passed by the respondent No.2 and order dated 17th November 1999 and directing the respondents to pay arrears of salary for the period from 27th July 1982 to 30th September 1992 with interest at the rate of 18% per annum.

(2.) It is the case of the petitioner that the petitioner was appointed as Assistant Teacher in Higher Secondary School of the respondent No.4-Trust. The petitioner is B.A., B.Ed. The petitioner was made permanent on 2nd/3rd June 1980 in the school run by the respondent No.4. Thereafter, on 07th June 1982, the service of the petitioner was terminated by the respondent No.4-School by notice dated 26th April 1982 on account of closure of higher secondary classes.

(3.) It is further the case of the petitioner that thereafter the petitioner preferred Special Civil Application No.4647 of 1983 before this Court challenging her termination since she was not absorbed in any other school. In pursuance of the order dated 23rd March 1992, the petitioner was absorbed in the secondary school of the respondent No.4. In respect of the backwages, the respondent No.3 was directed by this Court to decide the same. The respondent No.3 thereafter on the representation made by the petitioner ordered the respondent-School Management to pay back wages to the petitioner. Being aggrieved by the order of the respondent No.3-DEO, the respondent-School made a representation to the respondent- State Government. The respondent No.2-Commissioner of Schools heard the parties and vide order dated 01st September 1999 held that since the petitioner has not worked for the said period, she is not entitled to salary and thereby, quashed and set aside the order passed by the respondent No.3-DEO. Being aggrieved by the same, the petitioner made a representation dated 06th October 1999 to the respondent-State Government, which ultimately came to be rejected vide order dated 17th November 1999. Hence, the present petition.