IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2872 of 1991 (O&M) Date of decision:11.08.2011 Smt. Mohini Devi ...Petitioner versus State of Haryana, through Secretary, Education Department, Civil Secretariat, Chandigarh, and others. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: None for the petitioner. Mr. Satbir Singh Goripuria, DAG, Haryana, for respondents 1 and 2. None for respondent No.3. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. There is no representation for the petitioner. Counsel for the State contends that the prayer in the writ petition seeking for a mandamus directing the State authorities to grant the salary cannot be maintained. The State cannot be made liable. The contention of the State was that the appointment of the petitioner in the 3rd respondent- College was against a non-sanctioned post and the petitioner could have no remedy against the State. I uphold the contention to find that the Civil Writ Petition No.2872 of 1991 (O&M) - 2 - petitioner's action against the respondents 1 and 2 is not maintainable. However, in terms of the law laid down by the Hon'ble Supreme Court in Anandi Mukta Sadguru Shree Mukta Jeevandasswami Suvarna Jaya Versus V.R. Rudani & others-AIR 1989 Supreme Court 1607, the duty of the Management to pay to the teacher on the basis of relationship as master and servant cannot cease and the petitioner's right is upheld against the 3rd respondent only. The petitioner is entitled to make a calculation of the amount alleged to be due to her and make a demand on the basis of this order and when such a demand is made with appropriate details, the same shall be released to the petitioner within 4 weeks from the date of demand with interest at 7.5% from the date when the respective dates when the salary became due for each month. 2. The writ petition is disposed of as above. (K. KANNAN) JUDGE 11.08.2011 sanjeev