SURAIYA NASARAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 31.12.1994 (Annexure -3) treating the period since the date of joining, i.e. 15.2.1983 to the date of posting as leave without pay. Petitioner also prays for quashing the order dated 28.5.1995 (Annexure -9) whereby the period between 16.3.1996 to 14.5.1997 has been treated as leave without pay disentitling her the increment falling in between. Petitioner also prays for grant of promotion to the higher post.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that by communication dated 9th of November, 1977 (Annexure -1), the State Government communicated to the Principal of the Patna Medical College to relieve the petitioner to enable her to take the assignment in Iran. In pursuance of the said order, the Principal of the College on the same day relieved her to join the new assignment in Iran. Petitioner, thereafter, left the country and joined her assignment in Iran.

(3.) IN the light of the direction of this Court for giving the petitioner a place of posting by order dated 16.3.1996 (Annexure -5), she was posted as Medical Officer, Primary Health Centre, Imamganj in the district of Gaya. Petitioner aggrieved by her posting as Medical Officer, challenged the same before this Court and. by order dated 26.11.1996 passed in C.W.J.C. No. 5157 of 1996 (Annexure -6), the aforesaid notification was set aside and the State Government was directed to consider the case of the petitioner for posting against the teaching post. While allowing the writ application, this Court observed as follows: "It is needless to say that after reposting of the petitioner and on joining of the petitioner, she will be getting her due salary and arrears of salary, if any, in accordance with law."