SUSHILA DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Smt. Sushila Devi has approached this court through the present petition challenging orders Annexures P-7, P-9 and P-11. Vide the aforesaid impugned orders the pay of the petitioner has been reduced and refixed and recovery has been ordered from her.

(2.) Petitioner joined as a JBT Teacher in Education Department of State of Haryana on ad hoc basis with effect from 1972. Her service was regularised with effect from January 1, 1980. On completion of 10 years of regular service, she was granted the benefit of first ACP scale and was placed in the grade of Rs. 5450-8000 vide order dated February 20, 2002 with effect from January 1, 1996. Her pay was, accordingly, fixed at Rs. 5,750/-. Subsequently, on October 31, 2002, she was promoted as a Head Teacher and was posted in Government Primary School, Kalirawan. On account of some family difficulties, she requested for extension of time for joining at the promoted post. A memo dated April 3, 2002 was issued to her requiring her to show cause as to why on account of her non-joining on the promoted post, she be not deprived of for promotion for two years for violating the orders. The petitioner submitted a representation for extension of time for joining because of her family circumstances. Her request was ultimately declined vide order dated July 31, 2004 and she was required to resume duties of promotional post. In the meantime she was adjusted against the post of Head Teacher in Government Primary School, Kishangarh and she was required to join her duties on the promoted post. Consequently, the petitioner submitted her joining report on August 10, 2004 on the promoted post in Government Primary School, Kishangarh. She also submitted the relieving order from her previous post. The Block Education Officer, accepted her joining report on August 10, 2004 and allowed her to join. A copy of her joining report along with the order passed by the Block Education Officer is available on the record as Annexure P-6.

(3.) On November 4, 2004, the District Primary Education Officer passed an order refixing her pay. Her pay was reduced. It was stated in the order that since she had failed to join on the promoted post, therefore, her pay was being refixed. She was placed in the scale of Rs. 4500-7000 and her pay was fixed at Rs. 5,125/- as on January 1, 1996 and in the scale of Rs. 5500-9000 and refixed at Rs. 6,375/- as on August 10, 2004. The petitioner submitted a representation against the reduction of her pay and conveyed that since she had already joined her duties on promotional post, therefore, reduction of her pay was totally unwarranted and withdrawal of ACP scale granted to her was not justified. The aforesaid representation of the petitioner was also rejected vide order dated January 3, 2005 (Annexure P-11). The petitioner, accordingly, has approached this Court challenging the aforesaid action of the respondents and has also challenged the aforesaid orders.