SMTI JYOTILATA DAS Vs. PRINCIPAL, REGIONAL DENTAL COLLEGE

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the Petitioner has prayed for quashing the order dated 24.2.93 of the Principal, Regional Denial, College, Guwahati, Respondent No. 1 (hereinafter referred to as the "Principal") posting her back as Matron of the Girls' Hostel, Regional Dental College, Guwahati with effect from 1.3.95 and for directing the Principal to allow the Petitioner to continue in the post of Library Assistant, Regional Dental College Library with all back wages from March, 1993.

(2.) THE brief facts of the case are that the Petitioner was appointed as Matron in the Girls' Hostel, Regional Dental College, Gauhati by order dated 8.4.88 of the Principal. Pursuant to the said order of appointment, the Petitioner joined her duties as Matron of the Girls' Hostel, Regional Dental College, Gauhati on 18.4.88 and as such Matron resided in the Matron's Suite in the Girls' Hostel. But thereafter by order dated 28.8.91, the Petitioner was released from her duties as Matron, Girls' Hostel and posted as Library Assistant in the Regional Dental College Library in the same scale of pay as that of Matron of Girls' Hostel and was asked to vacate the Matron's Suite by 1st October, 1991 for administrative convenience by order dated 11.9.91. Pursuant to the said order, the Petitioner joined her duties as Library Assistant and vacated the Matron's Suite in the Girls' Hostel. Thereafter by office orders dated 24.1.92, 29.2.92 and 15.7.92 of the Principal, the Petitioner was posted temporarily in the Reception Counter of the Regional Dental College as Shri Suren. Boro, Receptionist has been allowed to go on leave. She was then asked to do her duties in the Registration and Reception Counter from 8 A.M. to 2.30 p.m. by Office order dated 25.8.92 of the Principal. Finally, by office order dated 24.2.93 of the Principal the Petitioner was posted back as Matron of the Girls' Hostel of the Regional Dental College, Gauhati with effect from 1.3.93.

(3.) THE Principal has entered appearance and has filed affidavit -in -opposition contending that the Petitioner was appointed as Matron of the Girls' Hostel of the Regional Dental College, Gauhati and the Matron of Girls' Hostel is required to stay in the Matron's Suite of the Girls' Hostel. Initially when the Petitioner was appointed as such Matron, her husband was also posted as Superintendent, of the Girls' Hostel and the Petitioner lived with her husband in the Matron's Suite but thereafter the house of the Petitioner which was under construction was ready and she wanted to slay in her newly constructed house while carrying on her duties as Matron. Since the Matron's job was a whole time job, and as she was required to stay in the Matrons' Suite in the Girls' Hostel, this request of the Petitioner was not acceded to but she was attached to the College Library and allowed to draw her salary etc as Matron so that she could stay at her newly constructed house. In place of the Petitioner, a lady Matron was appointed to look after the Girls' Hostel but when she expressed her inability to continue, the Petitioner had to be posted back as Matron of Girls' Hostel by the impugned order dated 24.2.93, Since she did not join in the post of Matron pursuant to the order dated 24.2.93, steps had to be taken for making alternative arrangement to appoint someone else in her place, The Principal has also averred in his affidavit -in -opposition that he had intimated the director in his letters dated 27.7.93 and 23.11.93 that the Petitioner could not he accommodated in the post of Library Assistant as no such post is vacant and as the Petitioner was not on duty with effect from 1.3.93 no salary was due to her.