Court No. - 34
Case :- WRIT - A No. - 66073 of 2014 Petitioner :- Dr. Archana Singh Respondent :- State Of U.P. And 4 Ors Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- C.S.C.,Anurag Khanna,Pradeep Kumar Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Sri Chetan Chatterjee, learned counsel for petitioner, learned standing counsel for respondents no. 1, 2 and 3, Sri Krishan Pahal learned counsel for respondent no. 4 and Sri P.K. Rai learned counsel for respondent No. 5 are present.
2. Reliefs sought by means of this writ petition are for a writ mandamus directing respondents to pay increment and arrears in salary to petitioner since 24.06.2006 besides arrears of salary for period of sanctioned child care leave of 120 days commencing from 06.07.2010 till 13.05.2011.
3. Petitioner was appointed as Lecturer in Political Science by U.P. Higher Education Service Commission and was posted as lecturer in Munna Lal and Jai Narain Khemka Girls Degree College Saharanpur (hereinafter referred to as "College"). She proceeded on leave for different intervals which were duly sanctioned by respondent 5 i.e. the competent authority. Petitioner gave birth to child, hence on 06.7.2010 she applied for child care leave till 13.05.2011, out of which twice, leave of 120 days were sanctioned. Petitioner claims that she has not been paid salary of sanctioned 120 days Child Care leave. It appears that thereafter petitioner was appointed as Lecturer and transferred to M.M.H College Ghaziabad on 01.08.2013. Before joining, M.M.H College Ghaziabad, she made an application to Principal of Munna Lal and Jai Narain Khemka Girls Degree College Saharanpur for no objection certificate and same was given to her. Thereafter, she joined College at Ghaziabad.
4. Learned counsel appearing for respondent 5 could give no plausible reply to query that despite Child Care leave, having been duly sanctioned, why petitioners has not been paid salary for said period and how her absence could be treated unauthorized.
5. From record it appears that whenever petitioner proceeded on leave, same was duly sanctioned by College. Therefore, there is no justification for respondent 5 to withhold payment of salary despite applied leave having been sanctioned by it.
6. In view of above, writ petition is allowed. Respondents are directed to release salary due to petitioner alongwith benefit of increments. Arrears of salary shall be paid within a period of 3 months from the date of production of a certified copy of this order.
Order Date :- 30.5.2018 Vikram