^t ^(c^ |tes%^^<,.. HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Petition No. 1743 of1990 PETITIONER RE8PONDENTS Ku. Mamsha Pandey D/o Shri (Dr.) Vishnu Prasad Pandey aged about 25 years, Occupation Assistant Professor/Lectiirer in Zoology Department, Arts & Conimerce Degree College, Devendra Nagar Raipur, R/o HIG 126, Sector 1, DevendraNagar, Raipur. VERSUS 1. State of Madhya Pradesh throu^hi Secretary Educat&oii I^partment, Vallabh Bhawan, Bhopal. 2. Sindh Sewa Mandal, a registered society under M-P. Societies RegisArikaran Adhiniyam 1978, Deveaidra Nagar, Raipur, through President Shri Tuljaram J Phatnami. 3. The Administrator B.K. Minj (Additional Collector Collectorate office, Raipur 4. The Principal, Arts, Commerc^ & Science Girsl College, Devendra Nagar^ Raipur, mn by Sindh Sewa Mandal. ^^ PETITION UNDER ARTICLE 226 and 227 OF THDB CONSTTTUnON OF 1NDIA) fSB: Hon'Me Mr. Satish K. AenihotriL J.) ft-esent : Shri B.K. Rawat, Advocate for the petition^. Shri Alok Bakfashi^ Govt< Advocate with Smt. Smita Ghai, Panel Lawyer for the State. ORALORDER (Passed on 03"* ofMarcfa, 2008) 1. The petitioner was appointed as Lecturer in Zoology department in Arts & Cotmnerce Degree College, Devendra Nagar, Raipur, vide order dated 05.10.87. Thereafter, vide certificate dated 24.01.90, the petitioner was placed in the semority list ofthe year 1990 at serial No. 952. The petitioner continued, subsequently by order dated 11.02.90, the services of the petitioner was confirmed oa the post ofpemianent Lectiirer witii effect from 05.10.87. The order dated 11.02.90 reads as under: "Kumari Manish Pandey D/o Shri Vishnu Prasadji Pandey, M.8c (Zoology) has l^en working as Lecturer since 05.10.1987 in Arts and Commerce Girls College, Devendra Nagar, Raipur. She is <x>ntmuously workiiig as Lectiirer on Ad hoc basis. Her performance has been excellent aad she has showii good result in her subject in amiual exanimation. There has been no complaiiit against her. My •••^^^^^.y^ ^^'^fe'— ^^::%^.?^^ -^^^"-^s, attention has been drawn to regularization services of ad hoc lecturers, rule, 1956 md memo No. F-A-6-30-86 F (1) of the departnient of General Admmistration and ordinance published in extra ordmary Rajpatra dated 05.06.86 according to which, all lecturers workiag on ad hoc basis to be made permanent. Accordingly, I order that Kumari Mamsha Paiidey, Lectiirer in Zoology is made pemianent lectiirer from the date of her first appomtment made on 05. 10.1987 on usual govt. scale. Accordingto her, her date ofbirth is 29.07.1965." 2. The petitioner filed a Petition in the High Court of Madhya Pradesh at Jabalpur, being M.P. No. 1743/90. Tlie High Court, by order dated 25.09.90, pennitted the petitioner to discharge her duties in the college until ftirther orders. It was fiirther directed that the respondents would not fiU up the post of Lectiirer, Zoology held by the petitioner and no fresh appointment would be made. 3. The petitioaer has been continuing on fhe strength of interim order dated 25.09,90. Till date no steps has ^en taken for getting the interim relief either vacated or taking up the matter tbr hearaig. The petitioner has been contmumg as permanent employee with effect jSrom the date of mitial appomtment Le. 05.10.87. 4. The prayer ofthe petitioner to permit the petitioner to perfonii her duties as Assistaiit Professor/Lectiirer^ does not survives t<xiay, as the petitioner has already been appointed on the post of pemianent Lectiirer. Further, witfa regard to wages ofsalary, it is well settled that tiic petitioner has worked for a period and has not been paid salary, the petitioner is entitled to payment of salary, but for the period she has not worked^ she may not be entitled to pay salary and arreai^ ofwages. ^s^ ^l^.:'-^^i^^~. ^'; ii ^osssi^ i ^< v^^ t"A^E" ^te:-^'^-'^.^M^.;^" 5. At this stage, when the order dated 11.02.90 has been passed affirming the appointment ofthe petitioner on the post ofpemianent Lecturer, there is no pomt to iaterfere at this istage after a period ofmore than 20 years. 6. In view ofthe foregoing, the petitioner, in the facts situation offhe ease, is allowed to cotrtinue work on the poist ofLecturer Zoology. The petition is accordingly, disposed of No order asto costs. Sd/- Satish K. Agnihotri Judge Sahu ^:H[^-^^^^^*. ^—^^•^^^^