LAWS(P&H)-2002-7-134

MRS. DAYA WATI Vs. STATE OF HARYANA

Decided On July 23, 2002
DAYA WATI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed the petitioner Daya Wati who is a retired Head Teacher (Primary) for the issuance of a writ of mandamus to the respondents to refix her pay in the pay scale of Rs. 120-175 as had been fixed by the Punjab Government with effect from July 16, 1960 and to pay her arrears along with interest.

(2.) Certain facts may be noticed :

(3.) The case of the petitioner is that since the aforesaid instructions contained in the communication Annexure P/1 could not be implemented in its letter and spirit, for want of its proper interpretation, certain aggrieved persons approached this court through various writ petitions and while deciding one of the writ petitions No. 3218 of 1978, titled Ram Nath Chandok and others v. State of Haryana and others and the LPA No. 135 of 1986 decided on January 15, 1990, this Court directed the respondents to grant selection grade to the extent of 15 percent on the basis of seniority-cum-merit in the grade of Rs. 120-175. However, since a similar relief was not granted to the petitioner, therefore, she along with some other persons, similarly situated, approached this court through another C.W.P. No. 3430 of 1992, titled Dewan Chand and others v. State of Punjab and others for placing her in selection grade of Rs. 120-175 in view of the communication dated July 23, 1957 and on the basis of the judgment of this court in C.W.P. No. 3218 of 1978 and LPA No. 135/86. The aforesaid Civil Writ Petition filed by the petitioner and other persons was disposed of by this court vide order dated November 25, 1992 with the direction that the petitioners, if so advised, could file a representation to the respondents and if any such representation was filed by them, then the same would be disposed of by passing a speaking order.