Dr. Shreya vs State Of Uttarakhand And Others

Manoj Kumar Gupta, CJ

The case of the petitioner is that she was appointed as Assistant Professor (Commerce) in respondent no.3 Institution, which is affiliated to Hemvati Nandan Bahuguna, Garhwal University, Srinagar, Pauri Garhwal. The Selection Committee as per Section 31 of the Uttarakhand State Universities Act, 1973 forwarded the recommendation to the Vice Chancellor for approval. When even after expiry of more than one month, the Vice Chancellor did not convey his approval, the Management issued appointment letter dated 24.02.2020 in favour of the petitioner.

The case of the petitioner is that she has been working continuously since then. The further case of petitioner is that her appointment was approved by the Vice Chancellor vide order dated 08.04.2021, but still salary has not been paid to her. She is stated to have made representation to the Principal of the Institution and also to the Director, Higher Education for release of salary but her grievance has not been redressed. The present writ petition has been filed praying for a writ of mandamus commanding the respondents to release salary of the petitioner with effect from 03.01.2020.

It is not clear from the record as to whether Committee of Management or the State Government is liable to pay salary to the petitioner.

In such circumstances, we dispose of the writ petition with liberty to the petitioner to make fresh representation before Competent Authority for release of salary and further provide that in the event, any such representation is made, the same shall be decided by the Competent Authority within eight weeks by a speaking order.

The writ petition stands disposed of accordingly.

Pending application, if any, also stands disposed of.