VISHWA MITTAR Vs. GOVT OF PUNJAB AND ORS

JUDGEMENT

(1.) Vishwa Mittar, who was working as JBT teacher in the S.D. High School, Anandpur Sahib, District Ropar has filed this Regular Second Appeal to impugn the order passed by the District Judge, Ropar. His grievance is about his pay fixation. Government of Punjab vide notification dated 18.10.1979 framed rules and regulations of pay scale of Government employees including the Government teacher. Secretary, Education to the Government of Punjab issued communication dated 21.01.1981 bringing the pay scale of teachers working in the privately managed schools at par with the Government teachers. It is averred that the District Education Officer while fixing the pay of the appellant in terms of instructions did not allow the increment as provided in proviso (ii) to Rule 7 of Sub-rule (1) of Pay Fixation Rules vide notification dated 18.10.1979. Rule 7 reads as under:

(2.) In cases where a Government employee is held up at the maximum after completing the time scale, selection grade or extended scale, as the case may be, on or after the first day of January 1978, he shall be allowed exgratia biennial increments, unless it is withheld, not exceeding five such increments, at the rate of last increment in the relevant scale subject to the condition that in no case the pay shall exceed two thousand and four hundred rupees.

(3.) The appellant would claim that he was entitled to one increment on the succeeding day of the appointed day i.e. 02.12.1978. He accordingly served a legal notice claiming that he would be entitled to one more increment and then filed a suit.