Allowed

Tripta Devi and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC28 May 2014CWP/12496/2013

Case brief

AI extract

What is this about?

Petitioners sought higher grade pay for higher qualifications. The court applied Narain Dass to correct a prior order which wrongly relied on Om Parkash Kaushal. The impugned order was quashed, and respondents were directed to reconsider claims based on Narain Dass.

What did the court decide?

Impugned order quashed; respondents to consider claims under Narain Dass within three months and grant necessary relief within six months, restricted arrears to 3 years 2 months prior to filing.

Tripta Devi and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2014)

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Civil Writ Petition No. 12496 of 2013

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In the High Court of Punjab and Haryana at Chandigarh

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CM-6673-CWP-2014 in/and Civil Writ Petition No. 12496 of 2013 Date of Decision: 28.5.2014.

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Tripta Devi and others

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.......Petitioners

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Versus

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State of Punjab and others

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......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. P.K.Goklaney, Advocate for the applicants-petitioners.

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Mr. R.S.Pathania, DAG, Punjab.

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SABINA, J.

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This petition has been filed by the petitioners seeking a direction to the respondents to grant them higher grade of pay on acquiring/possessing higher qualification.

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Learned counsel for the parties have submitted that this petition be disposed of in terms of order dated 9.9.2011 passed by this Court in CWP No. 20989 of 2010 (Annexure P-9).

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Order Annexure P-9 reads as under:-

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"The claim of the petitioners in the present petition is for granting of grade of B.A/B.Ed/B.T in view of the instructions issued by Government in view of the judgment passed by this Court as well as Judgment passed by Hon'ble the Supreme Court in Civil Appeal Nos.4029-4043 of 1996 - State of Punjab and Another

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v. Narain Dass & Others decided on 18.8.1998.

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Singh Gurpreet 2014.05.30 14:22 I attest to the accuracy and integrity of this document chandigarh

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Civil Writ Petition No. 12496 of 2013

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Earlier also, the petitioners filed C.W.P.. No.9755 of 2010, which was disposed of with a direction to the respondents to take a decision on the legal notice served upon the respondents within a period of three months vide order dated 25.5.2010. In compliance of the direction issued by this Court on 25.5.2010, the respondents passed an order dated 30.9.2010 and claim of the petitioners have been declined only on the ground that the case of the petitioners is not covered by the case of Narain Dass's case (supra) whereas case of the petitioners is covered by the judgment of State of Punjab & Others v. Om Parkash Kaushal & Others, 1996(5) SCC 325.

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Learned State Counsel has not disputed this fact and submits that the petitioners are entitled to higher pay scale granted to the teachers in government schools on the basis of higher qualification but they cannot claim benefit of any increment in the pay scale on the basis of their acquiring higher qualification, which has been granted to the teachers in government schools.

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Ms. Jyoti Sareen, learned counsel appearing for respondent No.5 submits that the petitioners No.6 and 11 have already been retired even prior to the filing of the present petition.

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In view of the submissions made by counsel for the parties and after perusing judgment rendered in case of Narain Dass's case (supra), I am of the view that case of the petitioners is squarely covered by said judgment

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Singh Gurpreet 2014.05.30 14:22 I attest to the accuracy and integrity of this document chandigarh

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Civil Writ Petition No. 12496 of 2013

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rendered in Om Parkash Kaushal's case (supra) has been discussed. The claim of the petitioners have wrongly been rejected by discussing the judgment in the case of Om Parkash Kaushal (supra). Accordingly, the present petition is allowed and impugned order dated 30.9.2010 (Annexure P-8) is quashed and the respondents are directed to consider the claim of the petitioners in view of the judgment in the case of Narain Dass's case (supra) within a period of three months from the date of receipt of certified copy of this order. However, the necessary relief be granted to the petitioners within six months from the date of receipt of copy of the order. However, the arrears would be restricted to the period 3 years and 2 months before the date of filing the writ petition.”

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Accordingly, this petition is disposed of in terms of the decision given by this Court in CWP No. 20989 of 2010 decided on 9.9.2011 (Annexure P-9).

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(SABINA) JUDGE

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May 28, 2014 Gurpreet

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Singh Gurpreet 2014.05.30 14:22 I attest to the accuracy and integrity of this document chandigarh

Tripta Devi and Ors. v. State of Punjab and Ors.

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Tripta Devi and Ors. v. State of Punjab and Ors.

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