KRISHMA KUMARI CHAWLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as a J.B.T. teacher after having been duly selected on September 23, 1970. She retired from service as such on July 2, 1995. It is averred in the petition that prior to the petitioner's retirement she had made a request on January 28, 1995 to Principal in Hindu Girls Senior Secondary School, Ferozepur for preparation of her pension case. She further avers that instead of preparing the petitioner's case of pension and other retiral benefits, the Principal asked the petitioner vide letter dated May 22, 1995 to submit a proof of passing Punjabi upto Matriculation standard, failing which there would be deduction of increments from the gratuity of the petitioner. The petitioner submitted to the Principal that while passing J.B.T., she had already passed the subject of Punjabi, as regional language, which is higher than the matriculation standard. The case of the petitioner regarding the grant of pension was not finalised as there ensured correspondence between the Government and the School, where the petitioner was working regarding completion of the pension paper to show that the petitioner had passed Punjabi upto Matriculation standard. This led the petitioner to file the present writ petition.

(2.) In paragraph 6 of the written statement, the official respondents have averred as under:

(3.) Learned counsel for the respondents submitted that under Rule 6(2) of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Rules, 1981 (hereinafter referred to as 'the Rules') the petitioner could not be granted grade increments after 2 years of the commencement of the aforesaid Rules (Rules came into being on January 23,1981) as the petitioner had failed to pass the Punjabi upto Matriculation standard. Since the petitioner had been regularly granted increments, not only the recovery has to be made but her pay has to be refixed for the purpose of pension. Rule 6(2) of the Rules may be reproduced here: