RAJESH AHLAWAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Rajesh Ahlawat, a Post-Graduate Teacher (Physical Education), who was earlier a teacher of Shiksha Bharati Senior Secondary School, Rohtak, has served this institution w.e.f. July 1995. The grouse of the petitioner is that though the management had been taking the work from her as a P.G.T. Teacher in Physical Education, but she has not been paid the wages against the work which she performed. Learned counsel for the petitioner has invited our attention to one Certificate Annexure P-1 issued by the then Principal of the School vide which it was certified that Smt. Rajesh Ahlawat had worked as a PGT (Physical Education) Teacher in this school from July 1995 upto date. Even it is clear from the stand taken up by the Management in Annexure R-3 with the written statement that the Central Board of Secondary Education gave sanction to the School for the introduction of additional subject w.e.f. 1st April, 1996 and the Physical Education is one of the subjects for which the approval was granted. From this it is abundantly proved that at least the petitioner served as Physical Education Teacher w.e.f. 1st April, 1996.

(2.) Faced with this difficulty, the learned counsel appearing on behalf of the respondent submitted that the Certificate Annexure P-1 was given under mistake and secondly, the petitioner was never appointed as a PGT Teacher in Physical Education. We are not convinced with the submissions raised by the learned counsel for the respondents in view of the Certificate Annexure P-1 and in view of the document Annexure R-3. It is established on record that the petitioner worked in this Institution upto 24th April, 2000. It is settled principle of law that the person must be paid his/her wages for the post for which the work has been taken by the Management.

(3.) The ancillary point for determination is for what period the benefit should be granted to the petitioner. Now the stand of the respondent authorities is that the approval for introduction of additional subject was granted by the Central Board of Secondary Education, Delhi (vide Annexure R-3) with effect from 1st April, 1996. Therefore, we hold that the petitioner shall be entitled to benefit from 1st April, 1996. The arrears shall be paid to the petitioner within three months from today. The writ petition stands disposed of accordingly. There shall be no order as to costs.