Heard learned Counsel for the parties.
The grievance of Smt. Usha Verma 'Mangali' is that she has not been paid salary for the period 16.8.2001 to 26.3.2004, though she has worked as per the orders of the superior officers.
Brief facts of the case are that Smt. Usha Verma 'Mangali' while working as Assistant Teacher (Music) in C.T. Grade in Government Girls Secondary Schoo, Surgujpur, Rae Bareli, met with an accident and as such, she has requested the authorities for her attachment at Lucknow. The said request was acceded by the authorities and the petitioner was attached in Government Girls Inter College, Singarnagar, Lucknow in the year 1995. Subsequently, the petitioner was transferred from Rae Bareli to Lucknow by the order dated 13.8.2001. The said order was challenged by Mridul Misra by filing a Writ Petition No. 4324 (SS) of 2001. This Court by means of the order dated 20.8.2001 stayed the operation and implementation of the order dated 13.8.2001. Thereafter, the order dated 13.8.2001 was cancelled by the Joint Director by the order dated 15.7.2002 and Smt. Mridul Misra was posted at Rae Bareli, whereas the petitioner was posted at Indira Nagar, Lucknow. The said order has been stayed by this Court in Criminal Misc. Case No. 1134 (C) of 2002 on 23.7.2002. Feeling aggrieved, Writ Petition no. 1748 (SS) of 2003 has been filed. While entertaining this writ petition, this Court passed the following order:-
".... The petitioner has alleged that the post of Assistant Teacher (Music) in the government Girls High School, Indiranagar, is lying vacant and there is no clash with Smt. Mridula Mishra who is Assistant Teacher (P.T.).
In view of the aforesaid facts, if the post of Assistant Teacher (Music) is lying vacant, the opposite parties shall allow the petitioner to work on the said post in pursuance of the order dated 15.7.2002 as contained in Annexure - 11 to the writ petition."
In compliance of the order dated 27.3.2003, the opposite partied allowed the petitioner to continue at Lucknow. Thereafter, this Court by the order dated 5.9.2003 modified the order dated 27.3.2003 to the extent that the opposite parties shall allow the petitioner to teach Music subject forthwith.
Learned Counsel for the petitioner submits that the petitioner has been allowed to continue at Lucknow, but the salary for the period 16.8.2001 to 26.3.2004 has not been paid.
Considering the facts and circumstances of the case, the opposite parties are directed to pay salary, if the petitioner worked on the post of Music Teacher as per the orders of the superior officers and on the strength of interim order passed by this Court, by 31.3.2010.
Accordingly, both the writ petitions are disposed of finally.
Dt.6.1.2010 Lakshman/