IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPSS NO. 1023 OF 2008 Kusum Verma ……………….Petitioner. Versus State of Uttarakhand and others. …………..Respondents. Mr. Ashish Joshi, learned counsel for the petitioner. Mr. J.P. Joshi, learned Chief Standing Counsel along with Mr. H.M. Raturi, learned Standing Counsel for the State of Uttarakhand/respondents. 24th October, 2008 Hon’ble P.C. Verma, J. By means of present writ petition, the petitioner has challenged the part of the order dated 6th September, 2008 contained in Annexure No. 1 to the writ petition to the extent it provides that the period from 30th March, 2005 to 25th July, 2008, which has been shown as a period of leave without pay. 2. Basis of the prayer is that the petitioner submitted her joining report after coming back with the medical fitness from the Maternity Leave and reported for joining. First, she was allowed to join. The joining report is contained as Annexure No. 3 to the writ petition on which the Principal allowed the petitioner to join. Thereafter, she scored it of and did not allow the petitioner to join. Thereafter, the petitioner approached the Higher Authorities and the District Education Officer directed the Principal to allow the petitioner to join vide order dated 18th June, 2005 contained in Annexure No. 7 2 to the writ petition, but this order was not obeyed by the Principal. The petitioner was made to run from pillar to post for joining. In the meantime, she was allocated to State of Uttar Pradesh. 3. The petitioner filed a Writ Petition bearing Writ Petition No. 1272 SS of 2005 Kusum Verma Vs. State of Uttaranchal and others seeking relief for joining and for relieving her for the State of Uttar Pradesh. This Court passed the judgment dated 29.11.2007 directing the petitioner to submit all the medical certificates duly counter signed by the C.M.O. before the respondents and after the certificate are submitted, the respondents shall take necessary action in accordance with law for grant of leave, if the petitioner is entitled for the same and further permit the petitioner to join or to relieve her for State of Uttar Pradesh from the date of production of the certified copy of that order before him/her. Even the said order of the High Court was not complied with. Ultimately, good sense prevailed on the Principal in the year, 2008 and she was given joining on 26th July, 2008 after filing of the contempt petition. The period for which, the petitioner was on maternity leave has been treated to be on duty and the order for payment of salary has been made, but the period from 30th March, 2005 to 25th July, 2008 has been treated to be of leave without pay for no fault of the petitioner. The total fault is of the Principal, who did not allow the petitioner to join. The Secretary Education is present with the Deputy Secretary, who himself has gone through the papers and is now not in a position to dispute. The cutting by the Principal on the order of allowing to join and non compliance of the order of the District Education Officer is not disputed. The Secretary 3 Education has placed before this Court the application dated 26.7.2008 moved by the petitioner contained in Annexure No. 1 to the Show Cause Reply filed on 24.10.2008, in which, she has written that she was on medical from 18.6.2000 to 25.7.2008. On this application, she was allowed to join and she was relieved subsequently. 4. From the facts, it is clear that petitioner was not allowed to join and she was being harassed by the Principal. It is also clear that when she had no option but to submit the application on the dictate of the Principal as per desire of the Principal so that she may save her skin, the petitioner wrote in her application that she was on medical leave from 18.6.2000 to 25.7.2008. While it is evident from Annexure No. 22 to the writ petition written by the petitioner to the Joint Director Education that she had left the institution on 18.6.2000 in summer vacation and then on account of maternity problems, she was in hospital. She attended the college on 14.6.2005 with fitness certificate, but she was not allowed to join. This fact is proved that first Principal allowed her (petitioner) to join and then scored of the joining order. Petitioner has further stated in her application-dated 5.9.2008 written to the Joint Director in the same Annexure that she was running to seek relief in the Court from 14.6.2005 to 25.7.2008. Thus, the Principal’s adamant attitude not to allow the petitioner to join has made the petitioner to suffer mental agony and depression. Ultimately, Principal at her own dictate got the application dated 26.7.2008 from the petitioner, which is in her (petitioner’s) own hand-writing, wherein it is stated that she was on medical leave from 18.6.2000 to 4 25.7.2008 so that her skin may be saved and she may be out of the charge of misconduct. In the circumstances, the letter dated 26.7.2008 was obtained under duress and coercion and the application made stating therein that she (petitioner) was on medical leave from 18.6.2000 to 25.7.2008 cannot be made a basis for treating the period leave without pay. Petitioner cannot be punished for no fault on her part, therefore, the order impugned dated 6th September, 2008 is quashed to the extent it provides that the period from 30th March, 2005 to 25th July, 2008 shall be leave without pay. 5. The Secretary (Education) seeks time to issue order for payment of salary of the petitioner for the period 30th March, 2005 to 25th July, 2008 from the Government after considering and scrutiny of the entire facts and submitted that the Government shall take suitable action against the Principal and she shall be transferred immediately from the present College and shall be posted in College situated in Remote Hill Area forthwith as Principal is prima facie found at fault. 6. In view of the submissions made by the Secretary Education, learned counsel for the parties agree that petition may be disposed of in the aforesaid terms. Accordingly, petition is disposed of. The Secretary Education is directed to take decision within a month from today. (P.C. Verma, J.) 24.10.2008 Rathour