VIMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONERS husband was appointed as untrained J.B.T. teacher on 18th October, 1968. He passed J.B.T. examination on 24th September, 1975. The selection scale was granted by the department on 18th October, 1986. The State Government has taken a decision vide letter dated 6th April, 1990 not to count the untrained period of J.B.T. for the purpose of allowing Sr. scale/Selection Scale. However, fact of the matter is that the petitioners husband was given the selection scale by the department after his passing the J.B.T. examination on 24.9.1975 vide letter dated 18th October, 1986. He retired from Government service on 31.05.2006. However, vide impugned order Annexure A -1, dated 30th May, 2007, the pay of the petitioner was revised w.e.f. 26th April, 1975. Petitioners husband died on 12th April, 2008. Thereafter, she was brought on record by way of Miscellaneous Application No. 2432 of 2008.

(2.) MR . S.R. Chauhan, learned counsel for the petitioner has strenuously argued that petitioners husband was not served with a notice before the issuance of office order dated 30th May, 2007. He then argued that the selection scale was released to petitioners husband on the basis of letter dated 18th October, 1986 after he has passed the J.B.T. examination on 24th September, 1975.

(3.) I have heard the learned counsel for the parties and gone through the pleadings carefully.