ANJULI SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) THE petition is filed challenging the order passed by M.P. State Administrative Tribunal, Gwalior in O.A. No. 1333/2001. Respondent No. 5 has filed the petition that she was on deputation with the Law Commission, Govt. of India and she was recalled from deputation and was posted as Asstt. Professor, Law in M.L.B. College, Gwalior, and joined in July, 1999. Petitioner was posted at Guna. She was transferred on her own request in July, 2001 and she joined M.L.B. College, Gwalior in July, 2001. Later on, the dispute arose regarding drawing of salary of petitioner and respondent No. 5. After transfer of respondent No. 5, her salary was drawn from Naveen Kanya Mahavidyalaya till October, 2000. On account of clear vacancy her salary was drawn from M.L.B.

(2.) COLLEGE itself. When petitioner joined M.L.B. College then question regarding drawing her salary was raised and she was paid salary from Naveen Kanya Mahavidyalalya. Later on, some orders were passed by Additional Director, Higher Education, Gwalior and in pursuance of that order, it was directed that salary of respondent No. 5 shall be drawn from Naveen Kanya Mahavidyalaya and salary of petitioner shall be drawn from M.L.B. College. This order was challenged by respondent No. 5 before the Tribunal and Tribunal has held that since respondent No. 5 was posted at M.L.B. College in the year 1999 and orders were passed for drawing of her salary from College itself in October, 2000. Therefore, petitioner after joining in July, 2001 is not entitled to claim salary from the College but her salary shall be drawn from Neveen Kanya Mahavidyalaya or from anywhere else.

(3.) IT is further contended by the counsel for petitioner that three posts of Naveen Kanya Mahavidyalaya ought to have been transferred to M.L.B. College and salary be paid to petitioner from M.L.B. College against those transferred posts. This dispute is not subject matter of this petition for claiming transfer of post and claiming salary against the transferred post.