SADHAN THUKRAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The sole question, needs determination in the present petition, is the right of the petitioner to claim salary for the period she was prevented from discharging the duty of Principal after having been duly appointed on account of an interim stay granted by the Court.

(2.) The facts necessary and relevant for the present petition are being noticed hereinafter.

(3.) Indira Gandhi Mahila Mahavidyalya, Kaithal is a government aided institution. Vacancy of the Principal in the said College was advertised by respondent No. 3. Several persons, including the petitioner, applied for the post in question. On the recommendation of the Selection Committee, the petitioner was selected and appointed as Principal vide order dated 9.3.2004(Annexure P.1). The The sole question, needs determination in the present petition, appointment of the petitioner was required to be approved by the affiliating University and the Commissioner, Higher Education, Haryana. The University also granted necessary approval. Prior to the appointment of the petitioner, the Commissioner, Higher Education also approved the recommendations of the Selection Committee dated 5.3.2004 vide its memo dated 9.3.2004 (Annexure P.3). The petitioner joined as Principal on 10.3.2004. One Mrs. Krishan Kanta Sood, who was officiating as Principal in the said College, prior to the petitioner's selection, filed CWP No. 4655 of 2004 challenging the selection and appointment of the petitioner. On this writ petition being filed, the following interim order was issued on 18.3.2004 :-