GOVERNMENT OF MADHYA PRADESH Vs. ANJULA TIWARI

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of Code of Civil Procedure by the State of Madhya Pradesh being aggrieved by the judgment and decree dated 11.3.2005 passed in Civil Appeal No.18-A/2004.

(2.) THE facts of the case reveal that the sole respondent (plaintiff) was appointed on the post of Lecturer in the year 1987 and from 1987 to 1991 and from 22.12.2001 to August, 2002 was posted at Sardarpur District Dhar. The facts of the case further reveal that the plaintiff was granted maternity leave in the year 1998 and thereafter extraordinary leave as well as leave without pay in the year 1998 itself and continued on leave without there being any application. The record further reveals that the plaintiff reported back on duty on 28.9.91, however as per her statement she was not permitted to join. Record of the case further reveals that being aggrieved by her non-joining, an Original Application was preferred before the M.P. State administrative Tribunal in the year 1998 and the same was registered as OA No.526/98. The respondent (plaintiff) was permitted to join on account of an interim order dated 21.12.2001 and since then she is continuing in service. The Original Application i.e. OA No.526/98 was disposed of by the M.P. State Administrative Tribunal in light of the fact that the plaintiff was permitted to join, however a liberty was granted to the plaintiff to submit a representation claiming salary and as the salary was not paid to her, she preferred a Civil Suit and the same was registered as C.S. No.14-A/2004 and the trial Court has decreed the suit on 2.8.2004. The state of Madhya Pradesh has been directed to pay salary w.e.f. 2.7.91 to 21.12.2001 to the respondent-plaintiff. An appeal was also preferred by the State Government and the same has already been dismissed on 11.3.2005 and the present Second Appeal has been preferred by the State Government against the judgment and decree dated 11.3.2005.

(3.) ARGUED before this Court that the appellant will be satisfied in case some reasonable amount of back wages is granted to her, meaning thereby 1/4th back wages be granted to her.