KAMLESH AHUJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The grievance raised by the petitioner in the present writ petition is that she was appointed as JBT teacher with the respondent No.4-School, against a regular sanctioned post, which post was aided by the Government of Haryana. Petitioner continuously worked against the said post till the date of her retirement in the year 2015, but she was not paid salary of the post of JBT teacher starting from 01.04.2006 till her retirement on 31.12.2015 on the ground that approval granted to her appointment, is under reconsideration.

(2.) The facts as stated in the writ petition are that respondent No.4.-school is an aided institution receiving 95% grant from Government of Haryana. An advertisement was issued by respondent No.4 on 22.09.1999 for appointment of two lady teachers, one BA/B.Ed and another as JBT. Appointment was to be made on the pay scale as fixed by the Government of Haryana for the JBT teachers. Petitioner, who was fully eligible, applied for the said post and after undergoing selection process, was selected and appointed on the post of JBT teacher vide appointment letter dated 25.10.1999. Against the second post, one Kumari Darshana was appointed. Vide letter dated 05.01.2001, District Education Officer accorded approval for the appointment of the petitioner as well as that of Ms. Darshana Kumari in the pay scale of Rs.4500-7000/- from the date they joined as JBT teachers with respondent No.4 on the sanctioned post. The said approval was granted subject to the decision of CWP Nos.5857 of 2000, 6049 of 2000 and 6050 of 2000. The conditional approval was granted by the Government of Haryana as the State of Haryana was considering as to whether employee, who is more qualified than qualification required for appointment to the post of JBT teacher, can be appointed on the said post or not.

(3.) The petitioner after being granted approval in respect of her appointment, though, conditional, kept on working and was being paid salary of the post of JBT teacher as sanctioned by Government of Haryana in the pay scale of Rs.4500-7000. Petitioner continued getting the pay scale of the post of JBT till 31.03.2006, when without there being any change in circumstances, the respondent stopped pay of the petitioner in the pay scale of Rs.4500-7000/-, which is the pay scale granted to the sanctioned post of JBT against which petitioner was appointed. Respondent-school started giving consolidated salary of Rs.3000/- per month to the petitioner, which was being given to the other teachers, who were working on non-sanctioned post by the respondent No.4 as the same was to be paid out of their own resources.