ENGINEER-IN-CHIEF Vs. PRABHAWATI

JUDGEMENT

(1.) This petition, under Article 226/227 of the Constitution of India has been filed by the petitioners challenging the award dated 22.7.2006 passed in Case No.12/ID Act/03 reference directing reinstatement without back wages.

(2.) After perusal of the statement of claim as well as reply filed by the State Government, it is not in dispute that respondent was appointed on 1.5.1983 on daily wages on a vacant post. She discontinued from March, 1994 till 10.10.1994 to which an application was submitted due to ailment, however, accepting the genuineness of the absence she was allowed to continue from 1999 and her service was treated as continued. As per circular of the Government dated 14.2000 and 26.2000, scrutiny was made and because she was wrongly found appointee after 31.11988, her services were terminated on 30.3.2000.

(3.) It is urged that service of the respondent has been discontinued as per Government instructions following the provisions of Section 25F of the I.D. Act, therefore, she is not entitled to be reinstated, hardly, she may be entitled to claim compensation.