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Punjab-Haryana High Court
Ranjit Kumari vs State Of Punjab on 29 August, 2000
Author: N Sodhi
Bench: N Sodhi, R Kathuria


JUDGMENT

N.K. Sodhi, J.

1. Petitioners are working as teachers in different Government schools in the State of Punjab. They initially joined service on ad hoc basis and their services were subsequently regularised. They made a claim for the grant of additional increments af-ter 8/18 years of service to which they were entitled in terms of the Government instructions dated 1.12.1988 and 20.9.1994. They wanted their ad hoc service to be counted for the purpose of granting them the proficiency step up after 8/18 years of their service. This claim was lurned down by the State Government on the ground that the additional increments in terms of the aforesaid instructions were avaiiable to the teachers only after counting their regular service.

2. Feeling aggrieved by the action of the respondents, they have filed the present petition under Article 226 of the Constitution. The prayer made is for a direction to the respondents to count their ad hoc service for the purpose of granting them the proficiency step up by way of additional increments after 8/18 years of service.

3. Heard counsel for the parties and they are agreed that the dispute herein is squarely covered in favour of the petitioners and against the respondents by a Division Bench order of this court in Harjinder Kaur and others v. Slate of Punjab and others, C.W.P. No. 11704 of 1989, decided on April 24, 1996: 1994(3) SCT 155 (P&H)(DB). The learned Additional Advocate General informs us that against the order of this court in Harjinder Kaur’s case (supra), the State Government has filed a Special Leave Petition in the Supreme Court, which stands allowed and the Civil Appeal is pending along with some other connected matters. That may be so, but the operation of the order of this court has not been stayed.

4. We, therefore, allow the writ petition in the same tenns in which Harjinder Kaur’s case (supra) was disposed of. A direction is issued to the respondents to consider the claim of the petitioners after counting their ad hoc service for the purpose of granting senior and selection grades and proficiency step up in terms of the aforesaid government instructions. Arrears, if

any, to which the petitioners may become entitled would be restricted to a period of three years and two months preceding the date of filing the writ petition. No costs.

5. Petition allowed


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