TALVINDER KOUR Vs. STATE

JUDGEMENT

(1.) The petitioner in this petition has sought a Writ of Certiorari for quashing Communication No. DSEJ/Legal/23412 dated 14.08.2017 issued by respondent No.2 whereby the claim of the petitioner for counting her service w.e.f 07.02.2004 for regularization as General Line Teacher has been rejected.

(2.) At the outset, learned counsel for the petitioner submits that so far as the first prayer is concerned, the same has already been granted by the respondents and the services of the petitioner as ReT have been reckoned w.e.f 07.02.2004 and as General Line Teacher w.e.f 07.02.2009. He, however, submits that the grievance of the petitioner, that now remains to be redressed, is two fold: (i) that he is entitled to arrears of salary as General Line Teacher w.e.f 07.02.2009 till he was actually appointed and; (ii) that taking his appointment as General Line Teacher on 07.02.2009, he would be governed by old Pension Rules and not by the New Pension Scheme which has been introduced w.e.f 01.01.2010.

(3.) The case has a chequered history and has its genesis in the Advertisement Notice issued by respondent No.3 somewhere in the year 2003 for filling up of two posts of ReT in the New Primary School, Nihalpur Simbal of Tehbsil R.S.Pura. The petitioner along with other candidates responded to the said Notification, but the petitioner, though higher up in the merit was not considered on the ground that she was not the resident of revenue village Nihalpur, Simbal and, accordingly, two candidates namely Surinder Kour and Prito Devi were selected and appointed as ReT.