TMI Blog2004 (3) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... however, being noticed from Civil Appeal No. 1382 of 1999. 3. On or about 6.8.1981, the respondent was appointed as Sewing Teacher on regular basis in the pay scale of ₹ 480-880/- by the District Education Officer, Ferozepur. She claimed same scale of pay payable to Classical and Vernacular Teachers. The said representation of the respondent was, however, rejected. 4. Aggrieved by and dissatisfied with the said order, a writ petition was filed by her before the Punjab and Haryana High Court which by reason of the impugned judgment was allowed relying on or on the basis of the earlier decisions of the said court in Amarjit Kaur v. State of Punjab 1986 (4) SLR 199 and Prabjot Kaur v. State of Punjab 1994 (3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her similarly situated teachers had been granted scales of pay applicable to Classical and Vernacular Teachers. It was further pointed out that the respondent is a handicapped person. 8. Having considered the rival submissions, we are of the opinion that although the High Court proceeded on a wrong premise in passing the impugned judgment. 9. In Amarjit Kaur (supra), the writ petitioner therein had been granted a revised scale of pay and the same was wrongly withdrawn on the ground that she was confirmed with effect from 22.5.1974 by mistake. The High court rejected the said contention of the respondent but proceeded further to hold that the Education Department had classified and recognized the Tailing Mistres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jab adopted the notification issued by the President of India in relation to the revised scales of pay to the teaching staff of the Education Department, the relevant portion whereof is to the following effect. Sr. No. Category. Present Scale Revised Seale Remarks 5. C V Teacher i.e. Pbi/Hindi /Urdu/ Sanskrit Teachers 570-1080, (with 3 Adv.) increments Fi/Urdu Trs. 5 increments to Sanskrit Teacher 1640-2925 Sr. Scale after 8 yrs service 1800-3200 SI Scale after 18 years service 2000-3500 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the opinion that it is not a fit case where this Court should exercise its jurisdiction under Article 136 of the Constitution of India. 17. In Chandra Singh and Ors. v. State of Rajasthan and Anr. AIR2003SC2889 , this Court held: In any event, even assuming that there is some force in the contention of the appellants, this Court will be justified in following Taherakhatoon v. Salambin Mohammad [1999]1SCR901 wherein this Court declared that even if the appellants' contention is right in law having regard to the overall circumstances of the case, this Court would be justified in declining to grant relief under Article 136 while declaring the law in favour of the appellants. Insurance of a wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
