KAMARUNNISA Vs. SUPERINTENDENT OF CENTRAL JAIL NAINI ALLAHABAD

JUDGEMENT

(1.) HEARD Sri Arvind Srivastava for the petitioner and learned Standing Counsel for the respondents. This writ petition was filed by the petitioner, seeking the following reliefs:. (i) issue a writ, order or direction in the nature of mandamus commanding the respondents to implement the Government Order dated 10.1.1982, issued by the Inspector General (Prison), Lucknow, reinstating the petitioner to her substantive post of Female Jail Warder ; (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to give the entire arrears of salary and other consequential benefits attached to the post of Female Jail Warder; (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the representation(s) of the petitioner by speaking order in a specified time during the pendency of the writ petition;" It is not in dispute that in pursuance of the order dated 1.4.1992 passed by this Court, the respondent authority passed some order reinstating him in service and thereafter she has continued till she attained the age of superannuation. The factum of reinstatement and superannuation on attaining the requisite age as mentioned in the judgment dated 31,7.2008 rendered in Special Appeal No. 253 (Defective) of 2008 filed by this very petitioner was not disputed by the learned Standing counsel either before the Division Bench or before this Court. Be that as it may, nothing further is now required to be done in this matter. However, it is made clear that if the petitioner has actually worked and paid salary, it is well settled, that in such situation, the amount already paid to the petitioner cannot be recovered by the respondents. The writ petition is disposed of with the above observation.