INDU SHARMA Vs. ROHILKHAND EDUCATIONAL CHARITABLE TRUST

JUDGEMENT

(1.) Dr. Indu Sharma-the petitioner has appeared in person. Shri Subodh Kumar appears for Dental Council of India (DCI)-respondent No. 4. Shri Ashok Khare, Sr. Advocate assisted by Shri Mohit Singh appears for Rohilkhand Educational Charitable Trust and its Secretary Dr. Keshav Kumar Agrawal- respondent Nos. 1 and 2. The pleadings have been exchanged. With the consent of parties the writ petition was finally heard.

(2.) The petitioner was working as Dean, Baba Jaswant Singh Institute of Dental Sciences, Ludhiyana. She applied and was selected for appointment as Principal of Rohil Khand Educational and Charitable Trust, Keshlata Hospital, Delabeer, Stadium Road, Bareilly in the Department of Dentistry of the Dental College. The letter of her appointment dated 25.4.2001 provided in paragraph 5 that the appointment was on regular permanent basis, for a contract period of minimum of five years. In case she desires to leave the institution before completing the period of two years, she had to serve a notice to that effect, on the management, two months in advance. The appointment letter further provided that her basic scale was Rs. 22,000.00 per month+NPA, DA, TATeaching, administrative, HRA, GPF and OSD allowance. She was to be provided free furnished accommodation by the trust and was required to perform all the duties assigned by the management relating to the post from time to time. She was required to strictly follow the rules, regulations and discipline of the college, and was entitled to avail leave, vacations as per the rules and regulations of the University.

(3.) On 30/4/2001 the petitioner wrote a letter to the trust accepting the post of Principal offered by the Management on a total consolidated monthly emoluments of Rs. 50,000.00 per month, with annual increment of 8% every year. She also accepted the appointment on the offer of free furnished accommodation along with local conveyance provided by the trust and to bear to and fro transport expenses, provided prior information is conveyed in time. In para 4 of her acceptance the petitioner stated: