THE STATE OF PUNJAB Vs. SHRIMATI HARBANS KAUR
LAWS(P&H)-1980-7-52
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 29,1980

Appellant
VERSUS
Respondents

JUDGEMENT

S. P. Goya, J. - (1.) Respondent, Smt. Harbans Kaur, was appointed as J.B.T. teachers in the year 1960 and confirmed in that grade vide letter dated June 19, 1961 At the time of her appointment she was holding a diploma in Nursery and Infant Education from Manav Bharati Institute, Mussoorie. This Diploma was treated equivalent to J.B.T. Course vide Government Memo. No 798-X-I/62-55-969, dated April 6, 1955 However, prior to her appointment another Press Note had been issued by the Government on Sept. 2, 1960 wherein it was stated that the Manav Bharati Diploma would not be treated equivalent to J B.T. Certificate unless its holder baa studied for another year and passed that course. In spite of this circular, the respondent was not only selected but confirmed in the J.B T. grade. However, when the question of release of increment to her arose she was asked to standby the second year course of the J B.T. Diploma. She then filed the present suit for a declaration that she was entitled to the running grade of J.B T. teacher. The trial Court dismissed the suit but Ton appeal, its judgment was reversed by the learned Additional District judge, Amritsar and the suit decreed vide judgment dated June 9, 1971. Dissatisfied with that judgment, the State has come up in this second appeal.
(2.) The respondent is in service for the last twenty years. It would be highly unjust at this stage to reverse the judgment of the learned Additional District Judge That apart, once her qualification was recognised for appointment as J.B.T. teacher, later on the Government was not entitled to go back and declare that her qualification was not equivalent to J.B.T. Diploma on the basis of some Press Note.
(3.) This appeal, therefore, has no merit and is hereby dismissed. No costs. Appeal dismissed.;


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