USHA SHARMA Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) THE present Letters Patent Appeal has been filed against the order dated 23.1.2002, passed in CWJC No. 2166 of 2001. The writ petitioner -appellant prayed for a direction to pay salary for the period 22.6.1995 to 5.10.1998 when she remained out of job i.e. from the date of termination till the date the same was revoked, hereinafter referred to as the 'intervening period'; and for payment of salary from 5.10.1998 onwards when she joined after the order of termination was revoked.

(2.) THE learned Single Judge rejected the prayer of the petitioner for payment of salary for the intervening period, on the grounds that the appellant accepted the joining without any objection and did not choose to challenge the order of non - payment of salary for the intervening period, for three years. Regarding payment of salary from 5.10.1998 onwards, the learned Single Judge remitted the matter to the Vice Chancellor, Ranchi University to enquire from the college as to how many days she attended the college and pay the admitted salary which shall be subject to the decision as may be taken by the Hon'ble Supreme Court on the recommendation of the committee of Hon'ble Mr. Justice S.C. Agarwal.

(3.) 'The relevant facts in short are as follows.