HASHMATUN NISA Vs. D I O S ALLAHABAD
LAWS(ALL)-1997-3-148
HIGH COURT OF ALLAHABAD
Decided on March 04,1997

HASHMATUN NISA Appellant
VERSUS
D I O S ALLAHABAD Respondents

JUDGEMENT

- (1.) M. Katju, J. This writ petition has filed for a mandamus directing the respon dents Nos. 2 to 5 fix the salary of the petitioner in the revised grade in accord ance with the Pay Commission Report and to give her the benefit from 1-1-1996.
(2.) HEARD learned Counsels for the parties. The petitioner was appointed as an Art teacher against a substantive clear vacancy for teaching Drawing, to the High School and Intermediate classes in R. midia Girls Inter College, Allahabad. This appointment was approved by the R. I. G. S. , Allahabad vide letter dated 21-1-1997. Although the petitioner was ap pointed for teaching High School and In termediate classes in Drawing she was paid salary in J. T. C. grade. Despite her repeated requests she was not given the grade for which she was qualified and en titled. Ultimately, the petitioner made a representation to the R. I. G. S. for payment of salary in L. T grade and on that applica tion the R. I. G. S. passed the order dated 2-9-1971 by which she was paid salary in C. T. grade which she was paid from March 1972 onwards. In paragraph 12 of the writ petition it is alleged that the petitioner was issued a show-cause notice by the principal vide letter dated 31-1-1981 Annexure-1 to the writ petition. By this notice she was asked to explain why the signature of the clerk concerned was not taken on the relevant register and why she did not sign on the same. The petitioner submitted her reply expressing her regret for her failure to sign the register and to obtain the signature of the clerk concerned vide Annexure-2 to the writ petition. The Principal of the col lege instead of treating the matter lightly awarded an adverse entry to the petitioner vide letter dated 21-5-1981. This adverse entry stated that Smt. Hashmatun Nisa has become very difficult to deal with. She was warned not to make false statement and baseless claims to further her ends. She was also warned not to make counter allegations against her principal and colleagues instead of admitting her fault. As the matter relating to the deposit of fees of class 7 (A) of which she is the Class teachers, for the month of January, 1981 remains unsettled inspite of direction given to her in may letter dated 14-2- 1981 I am unable to certify her integrity. "
(3.) THE petitioner made a repre sentation on 3-6-1981 against the adverse entry to the Manager and sent a reminder on 31-1-1982 requesting for expunging the entry but her representation was rejected by the Manager with a warning. For the following year 1981-82 the petitioner was given adverse entry in respect of the same charge of making false allegation and in respect of the deposit of fee of Class 7 (A) in January, 1981 in respect of which she had already been given entry earlier. THE petitioner again made a representation against that entry but that too was rejected by the Manager on 5-10-1982. It has been alleged in paragraph 19 of the writ petition that duty entry was made on account of hostility against the petitioner and to harass her. It was alleged that the amount in question was deposited in the Bank account of the college and not putting the signature on the fee register and obtaining the signature of the clerk were only a small irregularity without put ting college to any loss. It was alleged that the petitioner's performance as a teacher was excellent as the pass percent age of her classes has always 99% or 100% for me period for which she was given adverse entry.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.