LAWS(P&H)-2016-5-37

KAMLESH DEVI Vs. STATE OF PUNJAB

Decided On May 23, 2016
KAMLESH DEVI Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) To be referred to the Reporters or not?

(2.) Whether the judgment should be reported in the Digest? RAJIV NARAIN RAINA, J.(Oral) The petitioner seeks direction to grant the benefit in terms of the decision of this Court in Civil Writ Petition No.3931 of 1992 -Baldev Raj Mittal and others v. State of Punjab and others decided on 15.4.2009 [P - 7] which was upheld in LPA No.504 of 2012 -State of Punjab and others Vs. Baldev Raj Mittal and others decided on 22.5.2014 [P -8]. The relief of J.S.T. Grade of Rs.110 -250/ - and revised grade from time to time on the basis of higher qualification is sought in view of memo dated 22.6.2015 wherein similarly situated teachers working in aided schools were granted the said benefit with all consequential benefits regarding refixation of pay, pensionary benefits and payment of arrears etc. along with interest.

(3.) Counsel for the petitioner submits that the petitioner retired on 31.08.2009 and has filed representation dated 27.10.2015 [P -10] with the respondent No.2 taking the plea that the higher qualification of B.A. was acquired on 27.6.1972 prior to the cut off date i.e.19.2.1979. The 1 of 2 petitioner was thus entitled for the relief granted in Baldev Raj Mittal's case [supra]. It is further submitted that in view of memo the State itself has taken a decision on 8.6.2015 which has been circulated on 22.6.2015 that benefit is to be granted to similarly situated persons in view of instructions issued in light of Satbir Singh's case.