RAM KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed in December, 1979, as Social Study Master in Hindu Senior Secondary School, Khaithal (hereinafter referred to as 'the School'). The Management of the School terminated the services of the petitioner in May, 1981. However, the order of termination was set aside by the Director Secondary Education in December, 1981 and the petitioner was reinstated in service on October 5, 1991. The Management of the School challenged the order of Director of Secondary Education in this Court, where the Management lost and ultimately the matter went upto the Supreme Court and the Supreme Court also dismissed the Special Leave Petition of the Management on September 24, 1992. The petitioner filed an Execution Application No. 425 of 1993 (Copy of Annexure P-2) for execution of the order of the learned Single Judge regarding the petitioner's arrears of salary and allowances. An agreement was reached between the petitioner and the Management of the School on December 3, 1993, which was filed in the Execution Application. It may be observed here that the petitioner had again been suspended on May 22, 1993, during the pendency of the Execution Application. The agreement between the parties, dated December 3, 1993, settled the payment of arrears of pay/allowances upto May 22, 1993, when the petitioner was again put under suspension.

(2.) The petitioner's services were again terminated on August 19, 1994, which according to the respondents, were terminated after holding a departmental enquiry. However, the District Education Officer vide order dated August 2, 1995, ordered reinstatement of the petitioner and by virtue of the order the petitioner was reinstated in service on August 23, 1995. This writ petition was filed primarily with the prayer that the petitioner has not been paid his salary and allowances from May 22, 1993 when he was suspended despite his reinstatement in service by virtue of the order dated August 2, 1995 passed by the District Education Officer. It was brought to this Court's notice that the respondent-Management of the School had filed an appeal-cum-representation against the order of the District Education Officer, dated August 2, 1995, which was pending before the Director, Secondary Education. This Court on July 29, 1996, directed the Director Secondary Education to decide the matter between the parties and ultimately the Director Secondary Education disposed of the appeal-cum-representation of the Management on August 29, 1996 while upholding the order dated August 2, 1995 of the District Education Officer. That order has been placed on the file.

(3.) From the facts mentioned above, it would be seen that the petitioner is actually in service of the respondent-School since August 23, 1995, and there cannot be any controversy regarding the payment of his salary for the period August 23, 1995, onwards. The interim order dated July 12, 1996, was passed which may be reproduced here :-