- (1.) THIS appeal has been preferred against the judgment and order dated 24.4.2009 passed by the learned Single Judge in W.P.(S) No. 998 of 2007, whereby the learned Single Judge was pleased to dismiss the writ petition rejecting the claim of the petitioner claiming enhanced pensionary benefits on the basis of B.A. trained scale of her deceased husband which was denied to him during his life time.
(2.) THE substance of the controversy leading up to the filing of this appeal is whether pensionary benefit could be claimed by the widow of the deceased -Headmaster on the basis of B.A. trained pay scale or she has rightly been granted the pensionary benefit on the basis of the Matric Trained pay scale which her late husband was availing during his life time. The claim of the petitioner -appellant rests on the premise that the petitioner's husband, although was I.A. untrained, he had been discharging the function as Headmaster till he sought voluntary retirement on 12.4.1982.
(3.) THE case of the petitioner -appellant essentially is to the effect that as her late husband had acquired the qualification of B.A. trained on 24. 9. 1973 due to which he became eligible for conferment of the B.A. trained pay scale and even though he had not been conferred the benefit of B.A. trained scale during his life time, the pensionary benefits after his death ought to be counted on the basis of that scale of B.A. trained.;