CWP No. 13123 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13123 of 2007 Date of Decision: January 13, 2009 Smt.Sunita ...... Petitioner Versus State of Haryana and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.Rakesh Nehra, Advocate for the petitioner. Mr.Harish Rathee, Senior DAG,Haryana for respondent No.1. Mr. Ravinder Malik, Advocate for respondents No. 2 and 3. **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Ajay Tewari, J. This petition has been filed seeking release of pay for a period of 21 months out of the total period of 6 years and 5 months during which the petitioner was employed as a JBT Teacher with respondents No. 2 and 3. On 4.8.2008 the following order was passed:- “Claim in the petitionis for salary for the service already rendered by the petitioner. In reply, stand is that the appointment of the petitioner was not approved. CWP No. 13123 2 Assuming it so, for service already rendered by the petitioner, he is entitled to salary. Learned counsel for the respondents No.2 and 3 seeks time to file an affidavit about the salary paid to the petitioner and the remaining amount due, if any. Adjourned to 16.10.2008.” Even today learned counsel for respondents No. 2 and 3 is not in a position to deny the factual averments and today also the only plea taken is that since the appointment of the petitioner was not approved, therefore, the respondent No.2 being a society should not be saddled with the responsibility of making the payment to the petitioner since she was appointed in anticipation of approval as recorded in the above mentioned order of the Division Bench. The fact that approval was not granted would not disentitle the petitioner from getting her salary for a period of 21 months in the scale of Rs. 1200-2040 plus usual allowances as reflected in the appointment order Annexure P-1. Consequently this writ petition is allowed. Respondents No. 2 and 3 are directed to release the due salary of the petitioner within a period of three months from the date of receipt of a certified copy of this order failing which the petitioner would be entitled to interest at the rate of 8% p.a. from the date when the salary fell due till the date of actual payment. (AJAY TEWARI) JUDGE January 13, 2009 sunita