RANJIT KAUR TIWANA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The grievance which is being raised by the petitioner in the present writ petition is that a sum of Rs.1,78,710/- was deducted from the gratuity of the petitioner, which was illegal and arbitrary and in the facts and circumstances of this case, the respondents are liable to be directed to refund the same along with interest. The facts stated in the writ petition are as under:-

(2.) Prior to 01.01.1978, the rate of increment was Rs.12/- and after 01.01.1978, the rate of increment was increased to Rs.25/-. Employees, who were granted the benefits of the increment on the basis of higher qualification after 01.01.1978 were granted three increments at the rate of Rs.25/-, which created an anomaly. The junior employees started getting higher pay than the seniors as the senior employees were granted the three increments at the unrevised rate of Rs.12 only.

(3.) Petitioner approached this Court by filing CWP No. 17064 of 1989 claiming that the employees junior to the petitioner, who were similarly situated as the petitioner, are getting higher pay and therefore pay of the petitioner should also be stepped up equivalent to her junior. The said writ petition being CWP No. 17064 of 1989 was allowed by this Court on 01.03.1995 holding that the petitioner is entitled for step up of her salary equivalent to her junior. Ultimately, in compliance of the order passed by this Court on 01.03.1995, the District Education Officer passed an order on 16.07.1996 granting the benefit of the step up of the salary to the petitioner equivalent to her junior. While passing the order dated 16.07.1996, the petitioner was granted the step up of salary equivalent to her male colleague, who was junior to the petitioner but was getting higher pay than the petitioner.