SUMAN AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Smt. Suman Aggarwal daughter of Shri Bal Krishan Aggarwal (hereinafter called the petitioner) has filed the present writ petition under Article 226 of the Constitution of India praying that a writ in the nature of mandamus be issued in her favour and against the 'respondents for the release of Master's grade i.e. Rs. 525-1050 w.e.f. 1.4.1985 which was revised to Rs. 1400-2600 w.e.f. 1.1.1986 the date from which the petitioner was performing the duties as Mistress and to release the Lecturer grade of Rs. 2000-3500 w.e.f. July 1992, the date from which the School was upgraded to that of Senior Secondary School as the petitioner was teaching the Senior Secondary classes since the date of her appointment.

(2.) Notice of the writ petition was given to the respondents. Two sets of written statements have come on record - one by respondent Nos. 1 and 2 where the stand is that the petitioner was appointed by the Manager and her service conditions were governed by the rules laid by the management or society running the school. The government reimburses the salary of the teachers working against sanctioned staff to the extent of 90% in order to compensate the financial deficit of the management. Also it was pleaded that the petitioner was working in a purely private school where grant is given on the basis of the deficit of the budget. Therefore, the petitioner cannot claim the benefit of claimed by her against respondent Nos. 1 and 2.

(3.) Respondent No. 3 i.e. The Managing Committee of D.A.V. Senior Secondary School, Mustafabad, has taken the stand that the letter dated 23rd July 1957 was issued by the Punjab Government as an incentive measure because at that time, the education was on the verge of expansion and the government was unable to find qualified and suitable teachers to meet the demand of that day. The benefit of the said letter cannot be availed of by the petitioner.