SHAKUNTLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an application for hearing of the matter on some actual date. For the reasons stated in the application, same is allowed and main case is pre-poned and taken up on Board today itself. MAIN CASE Petitioner herein inter-alia seeks issuance of a writ in the nature of mandamus directing the respondents to revoke an order dtd. 25/11/2016 (Annexure P-3), whereby her salary was re-fixed and she has been held entitled to subsistence allowance only for the period she remained under suspension and termination i.e 30/8/2007 to 28/4/2008 and 4/10/2013 to 27/8/2014) with a further prayer to release arrears of salary with all consequential benefits along with interest.

(2.) Succinct facts of the case first. Petitioner joined as Nurse on 7/9/1984. She worked as such until 30/8/2007, when an FIR was registered under Ss. 7 and 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "P.C. Act") leading to her pre-trial arrest. She was placed under suspension on 30/8/2007, but later reinstated on 28/4/2008. Later, consequently vide judgment and order dtd. 4/10/2010, petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of six months and imposed fine of Rs.500.00. Petitioner filed an appeal before this Court. Order of conviction was set aside by this Court vide order dtd. 27/8/2014. The petitioner was, thus, acquitted of all the charges levelled against her by this Court by allowing her appeal.

(3.) Perusal of the reply filed by learned counsel for respondents reveals that subsequent to filing of present writ petition, another administrative order dtd. 19/12/2018 (Annexure R-2) was passed in super session of impugned order dtd. 25/11/2016 (Annexure P-3), whereby salary of the petitioner has been re-fixed. However, the arrears for the period she remained suspended as well as other consequential benefits have not been granted to her. On oral prayer in the course of arguments made by learned counsel for the petitioner to impugn the subsequent order passed during the pendency of the petition is accepted, for the reasons already recorded as aforesaid.