MADHUSMITA DUTTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The short point that falls for consideration in the present application is, whether the petitioner is entitled to back wages consequent upon her reinstatement in service after the order of termination was declared illegal by the competent authority.

(2.) The facts, shorn of unnecessary details are as follows:

(3.) Counter affidavit has been filed on behalf of the Director, Higher Education, Odisha. It is stated that in compliance of the direction of this Court, the provisional differential salary amounting to Rs.8,61,343.00 for the period from 10/1/2006 to 29/2/2012 was released as per letter dtd. 13/3/2012, which the petitioner has received on 14/3/2012. As regards the prayer of the petitioner for regularization of her service from 23/9/2005 to 9/1/2006, it is stated that the petitioner has not performed any duty during such period due to inaction on the part of the governing body and therefore, is not entitled to claim any financial benefit from the Government, but it is the sole responsibility of the governing body to regularize the said period. Accordingly, the Director vide letter dtd. 25/7/2006 has sought for guidelines from the Government and at the same time directed the governing body to do the needful.