M.R.Agnihotri, J. - (1.) Petitioner Smt. Indira Devi Dhir, a teacher in Special Education Centre, Smrai, District Jullundur, has got two grievances which have been vohemently pressed by her learned counsel, Mr. Gurcharan Singh, in the present writ petition filed under Articles 226 and 227 of the Constitution of India.
(2.) Admittedly, the petitioner was one of the fourteen persons who had filed C.W.P. 313 of 1977 seeking mandamus for the release of running grade to them with effect from the date they joined service and for fixation of their salary and for the grant of arrears by way of consequential reliefs. The writ petition was dismissed as infructuous as an undertaking had been given by the State to the following effect:- "Mr. Iqbal Singh Tiwana submits that the regular running grade has been allowed to the petitioners with effect from the date of their respective appointment and that such arrears would be paid to them as are within limitation under the law. Counsel for the petitioners concedes that in these circumstances, the petition has become infructuous and may be dismissed as such. Dismissed as infructuous. April 11, 1977. Sd/- R.S.Narula, Chief Justice. Sd/- Prem Chand Jain, Judge." Later on, she filed C.O.C.P. No. 191 of 1977 for the same relief which was disposed of on 18th Oct., 1977, by the following order:- "The grievance of the petitioners is that in spite of the undertaking given before this Court on 11.4.1977 in C.W.P. No.313 of 1977 necessary relief has not been given. No averment has been made in the petition that any representation was personally made to either of the respondents for the implementation of the order. I have no doubt that if such a representation is made to the respondents, the order which was passed on the basis of undertaking given in the Court will be implemented. The petitioners may approach the respondents for getting the appropriate orders passed. Dismissed. Sd/- Bhopinder Singh Dhillon, Judge." Despite this, necessary relief was not granted to the petitioner. On the other hand, instead, of releasing the pay scale, a charge-sheet was served upon her on 25th July, 1978 (Annexure P-5), on the ground that at the time of filing the writ petition, she had given her place of posting, status etc. in an incorrect manner.
(3.) In response to the notice issued to the respondents, written statement has been filed in which it has been conceded that the running pay scale has since been released to the petitioner. Though the concession has not been made in unambiguous terms, which has given rise to some sort of suspicion to the learned counsel for the petitioner, yet it has been stated at the Bar by Mr. H.S. Nagra, appearing on behalf of the State, that the running grade has been released to the petitioner with effect from 1st Dec., 1967. This statement has been made after taking instructions from the representatives of the Department who were present in Court to assist the State counsel. Therefore, the grievance of the petitioner regarding non-release of running grade to her stands redressed.;