SWARAN BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is an ex-Head Mistress in Arya Girls School (now Senior Secondary School) Ambala Cantt. Haryana. She has approached this Court through the present petition under Articles 226/227 of the Constitution of India. The prayer made in the petition is for the issuance of a writ in the nature of mandamus for directing the respondents to grant the benefit of revised pay-scale to the petitioner with effect from January 1, 1996 till the date of her actual retirement i.e. July 31, 1997 and also to grant her revised gratuity on the basis of revised pay-scale with interest.

(2.) The petitioner had joined her services as Head Mistress in Arya Girls School, BC Bazar, Ambala Cantt. She served till her superannuation on July 31, 1997. On her retirement, her retiral benefits were not released to her. She had approached this Court through CWP No. 4040 of 1999. The aforesaid writ petition filed by the petitioner was disposed of by a Division Bench of this Court vide order dated August 31, 1999. The respondents were directed to make the payment of gratuity to her alongwith interest. Subsequently, with effect from January 1, 1996 the State Government of Haryana revised the pay-scale of the employees vide communication dated December 7, 1998. The State Government also decided to implement the revision of pay-scale for the employees of Haryana Recognised Privately managed aided schools. A copy of the aforesaid decision of the State Government dated December 7, 1998 has been appended as Annexure P. 2 with the petition.

(3.) The petitioner claims that on the basis of the aforesaid communication, the petitioner also became entitled to the revised pay-scale and enhanced gratuity on the basis of the revision of the pay-scale with effect from January 1, 1996 till her retirement. The petitioner served a legal notice. In response to the aforesaid legal notice, the Director Secondary Education Officer, Haryana, Chandigarh directed the District Education Officer to send the case of the petitioner to the concerned authorities and process the same to take further action. However, till the date of filing of the petition, nothing happened. Accordingly, the petitioner has approached this Court through the present petition.