Disposed

Malkiat Kaur v. State of Punjab and Ors.

Punjab & Haryana HC5 Jul 2011CWP/3045/2010

Case brief

AI extract

What is this about?

The petitioner sought salary and increments for a post-superannuation re-employment period. The Court held that without prior state approval, the claim cannot be against the State but lies with the school management, which was instructed to consider it within three months. The writ petition was disposed of accordingly.

What did the court decide?

The writ petition was disposed of with liberty to represent to the School Management for release of salary within three months.

Malkiat Kaur Vs State of Punjab and… — Pension and Retirement Benefits | Punjab & Haryana HC (2011)

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CWP No.3045 of 2010.doc

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.3045 of 2010 (O&M) Date of Decision: 05.07.2011

Malkiat Kaur

. . . . Petitioner

VS.

State of Punjab & Ors.

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. . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. RK Arora, Advocate for the petitioner

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Ms. Charu Tuli, Sr. DAG Punjab

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SURYA KANT J. (ORAL)

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(1). The petitioner has approached this Court with two-fold relief. Firstly, she seeks a mandamus directing the respondents to grant her annual increments for the period of extension in service granted after superannuation on account of she being a National Awardee. The second direction sought by her is for the release of salary for the period w.e.f. 01.07.2007 to 31.03.2008.

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(2). The petitioner served in the SSBP Khalsa High School, Faridkot as JBT against a post covered under the Grant-inAid scheme. She was due for retirement on superannuation w.e.f. 30.06.2005 but being a National

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CWP No.3045 of 2010.doc

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Awardee, she was granted 2-years’ extension in service as per the Government Rules and she actually retired w.e.f. 30.06.2007.

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(3). It is not in dispute that during the pendency of this writ petition, the annual increments for the above-stated extended period have been granted.

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(4). It appears that even after superannuation w.e.f. 30.06.2007, the petitioner was re-employed by the Management of the school w.e.f. 01.07.2007 till 31.03.2008. The petitioner, however, has not been paid salary for the above-stated period.

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(5). In my considered view, the petitioner cannot claim payment of salary for the above-stated period from the Grant-in-Aid as she was granted re-employment without the prior approval of the State Government.

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(6). Suffice it to say that the petitioner can raise her claim for payment of salary for the above-stated period against the Management of the School.

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(7). The writ petition is accordingly disposed of with liberty to the petitioner to firstly represent to the Management of the SSBP Khalsa High School, Faridkot for the release of salary for the above-stated period of re-employment which shall be considered and disposed by the Management of the School in accordance with law within a period of three months from the date of its receipt. If the petitioner is still

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CWP No.3045 of 2010.doc

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aggrieved, she shall be at liberty to approach the

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appropriate forum.

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(8). Ordered accordingly. Dasti .

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05.07.2011 vishal shonkar

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(S u r y a K a n t) Judge

Malkiat Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Malkiat Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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