LATA SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution, seeking petitioner's reinstatement in service and payment of full-time salary and allowances in regular pay- scale of Rs. 1400-2600 and also salary for the intermittent periods of break.

(2.) The petitioner was appointed as an Instructor in Commercial Garments Dress Making on 1.1.1992 at the Vocational Education Institute, Narnaul, at a fixed salary of Rs. 1500/- per month. The petitioner served during the following periods:

(3.) The petitioner has alleged that no appointment letter was issued to her and she was shown to have to been appointed on part-time basis though she had to teach 24 periods in a week like a regular Instructor. The petitioner has claimed to have performed her duties as a full timer though she was shown as a part timer. The petitioner has, therefore, claimed that she was entitled to the regular pay scale of Rs. 1400-2600 though she had been paid a fixed salary of Rs. 1500/- per month only. Since there were breaks of four months from April to July during examination and summer vacation in each of the years, i.e., 1992,1993 and 1994, no salary was paid for the periods of break. It was so done to deny the petitioner continuity of service and salary. The petitioner has, therefore, prayed that the breaks of service may be treated to be part of the continuous service and, science she has completed four years of service, she was entitled to regularisation. He services were terminated with effect from 20.3.1996 without passing any formal order. The petitioner has, therefore, claimed reinstatement in service from 21.3.1996 and regularisation also.