RADHA PIARI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus/certiorari directing the respondents to grant higher scale to the petitioner from the date of her acquiring higher qualifications with all consequential benefits.

(2.) It has been pleaded that the petitioner joined as Hindi Teacher in the Shaheed Isher Singh Memorial Girls High School, Daheru in November, 1974. The said school was taken over by the Punjab Government on 28.5.1979 and thereafter services of the petitioner were continued. The petitioner at that time was having the qualification as Matriculate and J.B.T. Thereafter, the petitioner acquired the higher qualifications of Prabhakar in March 1977 and hence in accordance with Punjab Government instructions, she became entitled to higher scale. She was given the scale of Rs.1200-2100 and after acquiring higher qualifications she became entitled to the higher scale of Rs.1640-2925. Reliance has been placed upon the judgment passed by a Single Bench of this Court in CWP No.11995 of 1989 titled 'Joga Singh and others vs. State of Punjab and others' decided on 13.10.1993. Further reliance has also been placed upon the judgment passed by the Division Bench of this Court in CWP No.2328 of 1993 titled 'Ramesh Chand Sharma Vs. State of Haryana and others'. It is alleged that the case of the petitioner is covered by the said judgments and notice dated 22.3.1994 has also been served through her counsel but the respondents had not given any reply. Accordingly, the writ petition was filed.

(3.) In the written statement filed by respondents No.1 to 3, it was pleaded that the petitioner cannot get the benefits of higher qualification because the petitioner had acquired higher qualification before the school was taken over by the State of Punjab on 28.5.1979 and she had not improved her qualification after 19.2.1979 and hence, she is not entitled to get the benefits.