VIJAY GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is working as Social Studies Mistress in Mata Gujri Government Senior Secondary School, Fathegarh Sahib (for short the school). She has filed this petition under Article 226 of the Constitution challenging the order dated 14.11.2000 passed by the Principal of the school rejecting the objections/representation filed by the petitioner. Her pay was fixed when her services were regularised with effect from 1.4.1977. According to the respondents, her pay was wrongly fixed and a sum of Rs. 98,671/ - has been paid to her in excess which they are entitled to recover. A show cause notice was issued to the petitioner on 20.9.2000 in response to which the petitioner filed her detailed representation/objections. Those objections have been rejected holding that the petitioner was not entitled to the three increments at the lime when her pay was fixed with effect from 1.4.1977. No doubt, the petitioner was afforded an opportunity of filing a representation but that representation has been rejected by the Principal without giving any reasons. In this view of the matter, the impugned order dated 14.11.2000 cannot be sustained.

(2.) CONSEQUENTLY , the writ petition is allowed and the impugned order quashed with a direction to respondent No. 2 to consider the audit objection and the representation, filed by the petitioner and decide the same in accordance with law by passing a speaking order.