SMT. KAUSHALYA Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) By virtue of instant petition preferred under Article 226/227 of the Constitution of India, petitioner has sought issuance of a writ in the nature of mandamus seeking direction to the respondents to pay the amount of full salary for the period w.e.f. September 15, 1992 to November 21, 1995 alongwith interest, during which, services of petitioner's husband were terminated. However, in appeal, he was reinstated with punishment of stoppage of two increments with cumulative effect.

(2.) The contention of learned counsel for the petitioner is that petitioner's husband was working as Conductor in Haryana Roadways Depot, Kurukshetra and his services were terminated vide Order Sr. No. 3454/ECC dated September 15, 1992 by the General Manager, Haryana Roadways, Kurukshetra. Thereafter, he approached the head office and vide order Sr. No. 9336/38/A4/A3 dated September 14, 1995, he was reinstated. However, his two increments with cumulative effect were stopped. Thereafter, husband of the petitioner joined his duties on November 22, 1995 at Kurukshetra Depot. Unfortunately, petitioner's husband expired on June 11, 2007.

(3.) The grievance of the petitioner is that her husband was reinstated into service by the appellate authority and his two increments with cumulative effect were stopped but during the interregnum period i.e. September 15, 1992 to November 21, 1995 nothing has been paid. Since the termination order passed by the General Manager, Haryana Roadways, Kurukshetra has been set aside and only his two increments with cumulative effect have been stopped, petitioner's husband was entitled to salary for the aforesaid period. However, only subsistence allowance was paid to him.