SUSHMA BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, Smt. Sushma Bhatia, was appointed as a Lecturer in Music (Instrumental) in S.D. College, Panipat, on ad hoc basis, on September, 15, 1972. The said College is affiliated to Kurukshetra University. She was appointed on regular basis in the same College on July 15, 1974. Petitioner is stated to have put in resignation on March 1, 1976, but as per the petitioner this was obtained by the Management under duress. As per the service conditions contained in the Kurukshetra University Calendar, which are applicable to the Teachers of the Affiliated Colleges, dispute of an employee can be referred to the arbitration. The petitioner raised dispute and the same was referred to the Arbitrator. The Arbitrator gave the award on 6.10.1976 (Ann. P3) holding that the so -called resignation submitted by the petitioner was obtained by the Management under duress. This award was ultimately made the rule of the Court on June, 7, 1984 by the Additional District Judge inasmuch as the petitioner had lost before the Senior Sub Judge. The Management filed a Civij Revision No. 1915 of 1984 in this Court against the judgment of Additional District Judge making the award a rule of the Court. This Revision Petition was disposed of vide order dated March 12, 1985 (order at annexure P4). The Civil Revision was disposed of on the basis of the statement made by the counsel for the present petitioner, who was respondent in the civil revision. It will be apposite to reproduce the statement as well as the order passed in civil revision, as under : -

(2.) ON May 23, 1995 (Annexure P2), Director of Higher Education, Haryana sent a communication to the Principal of the College, which reads as under : -

(3.) WE do not find any substance in the stand of the State Government. If notionally, the petitioner, is deemed to be in service, from April 1, 1976, all consequences should flow excepting the arrears upto the date of reinstatement, which were given up by the petitioner before the Judge deciding the revision petition. The petitioner would be entitled to all the increments notionally upto the date of reinstatement and actually after the date of reinstatement. After fixing the correct pay by counting increments on the date of reinstatement, the College authorities are entitled to the grant -in - aid for the post the petitioner is holding on the basis of the pay to which she is entitled on the date of reinstatement, as has been observed above.