LAWS(ALL)-2006-2-194

SAMAPIKA CHARTERJEE Vs. STATE OF U P

Decided On February 24, 2006
SAMAPIKA CHARTERJEE, ASHOK KUMAR CHATERJEE Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Shri V.K. Singh, learned Counsel for the petitioner and Shri N.P. Pandey, learned standing counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with the consent of the parties, the writ petition is being finally decided.

(2.) By this writ petition, the petitioner has prayed for quashing order dated 26.8.1999 passed by Regional Inspectress of Girls School rejecting the representation of the petitioner claiming fixation of salary in the L.T grade. A writ of mandamus has also been sought directing the respondent No. 2 to pay the salary to the petitioner along with arrears with effect from 1.1.1986 in L.T grade.

(3.) Brief facts for deciding the writ petition are; the petitioner was appointed vide appointment letter dated 31.10.1973 in B.T.C grade in the Primary Section of Indian Girls Inter College, Allahabad. The appointment of the petitioner was also approved by the Regional Inspectress of Girls School vide order dated 18.12.1973. The petitioner claimed entitlement for C.T grade from 1.11.1978 after completion of five years in B.T.C grade. The claim of the petitioner for grant of C.T grade was denied by the order of Regional Inspectress of Girls School dated 23.3.1987. The petitioner filed a writ petition No. 14469 of 1987 claiming entitlement of grant of C.T grade. The case of the petitioner was contested in the writ petition. The writ petition of the petitioner was allowed vide judgment of this Court dated 7.2.1990. The claim of the petitioner to be treated into C.T grade with effect from 1.5.1980 was allowed. Operative portion of the judgment is as follows: Of course, whatever amount has been paid to the petitioner with effect from 1.5.1980 will be adjustable. The arrears shall be paid to the petitioner within a period of four months from the date of presentation of a certified copy of this order by the petitioner before the Regional Inspectress. The arrears will include the salary etc. of the petitioner for the month of May, 1990. The respondents shall commence 'paying the salary to the petitioner as lady teacher in the C.T grade with all the increments etc. from the month of June, 1990 will become payable in the month of July, 90. With these directions, this petition is disposed of finally. The petitioner is entitled to her costs.