KAMLA WATI BERI Vs. PUNJAB STATE THRU COLLECTOR

JUDGEMENT

(1.) The plaintiff's appeal against the judgment and decree of the Courts below whereby the suit seeking declaration for fixation of grade in view of the administrative instructions issued by the defendant and further claim for other consequential benefits has been declined. The case of the plaintiff is that she is J.S.T. teacher and was appointed as Headmistress in the C.T. Middle Girls School, Fatehgarh Churian, on 27.6.1953, in the grade of Rs. 70/250. She was conceded the grade of Rs. 80/250 and was also given seniority in the list of JAV/JST teachers of the Erstwhile Pepsu and Punjab prepared by the department. Her grievance is that although the grade of JAV/JST teacher was revised w.e.f. 1.11.1956 to Rs. 110/250 and the same was further revised to Rs. 220/250 w.e.f. 1.11.1966, but was not allowed to her which is contrary to the decision of this Court in CWP No. 110 of 1970. She also alleged that junior teachers of her rank have been given the above revised grade. Hence, the present suit.

(2.) The defendant put in appearance and contested the claim of the plaintiff. It was pleaded that the plaintiff was initially serving in a Community Project School whose services were required by the Education Department on 1.5.1957 and this way the revised grade of Rs. 80/250 was given to her. It was further pleaded that only JAV/JST teachers who were integrated into B.T. Cadre in view of the merger of Punjab & Pepsu were allowed the grade of Rs. 110/250 w.e.f., 1.11.1956 and thereafter the grade of Rs. 220/500 from 1.11.1966 and as the services of the plaintiff were taken over by the defendant after 1.11.1956 i.e. from 1.5.1957, she is not eligible for integration or for the above revised grade.

(3.) The trial Court decided issue No. 1 against the plaintiff and consequently dismissed the suit.