- (1.) The petitioner was employed as a JBT teacher in Hindi Putri Pathshala Senior Secondary School, Khanna (hereinafter referred to as, the School). The School was receiving grant-in-aid from the Government to the extent of 95 percent. It is also an admitted case that subsequently, vide resolution (Annexure P-1) dated 9th January, 1984, management of the School was taken over by the respondent No. 4-DAV College Managing Committee. As on today, the controversy also stands settled that the Punjab Privately Managed Recognised School Employees (Security of Service) Act, 1979 (hereinafter referred to as, the Act) governs the service conditions of the petitioner and provides necessary protection to the school employees and thus, writ petition is maintainable.
(2.) In the present writ petition, a two-fold grievance has been made, firstly, that there was no justification for the management of the School to deny selection grade of Rs. 1640-2925 to the petitioner after completion of 18 years of service in terms of a Government notification dated 17th February, 1989 (Annexure P-22) and furthermore, respondents due to malafide reasons and without prescription of any norms have withheld the annual increments due to the petitioner year after year on the ground that she had not achieved hundred percent results in each subject of the first class taught by her.
(3.) To adjudicate upon the grievances raised, it is essential to take note of the facts as they emerge from the pleadings of the parties.;