High Court of Punjab and HaryanaCWP/8011/2016dismissed

Kamna Kumari v. State Of Haryana & ANR

2016-04-29Mrs. Justice Raj Rahul Garg2 pages

CWP No. 8011 of 2016 -1-

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No. 8011 of 2016 Date of decision:-29.04.2016 Kamna Kumari ....Petitioner versus State of Haryana and ors.

..Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ramender Chauhan, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Petitioner who after joining the service of the department, had acquired the higher qualification of M.A is seeking higher pay scale, in view of his qualification.

Learned counsel for the petitioner submits that the petitioner came to know from the seniority list that junior to her were granted the benefits of higher pay scale on acquiring higher qualification. Petitioner earlier filed CWP No. 5061 of 2015 seeking the same benefit, which was disposed of by this Court on 26.03.2015 by giving direction to the respondents to consider the representation of the petitioner. The department in compliance of the above said order, has now rejected the claim of the petitioner vide reply dated 13.01.2016, in view of instructions dated 20.06.1977 and 20.12.1982 whereby the GAURAV ARORA 2016.05.06 15:56 I attest to the accuracy and integrity of this document

CWP No. 8011 of 2016 -2Government had discontinued the practice of giving advance increments to Government employees for acquiring higher qualifications and all the instructions issued on the subject, were treated as dismissed as withdrawn.

The writ petition is dismissed being devoid of any merit, as order dated 13.01.2016 has rightly been passed by the authorities and even otherwise, the writ petition is barred by limitation, as the petitioner was engaged as Art & Craft on ad hoc basis by Sub Division Educational Officer Charkhi Dadri vide order dated 02.02.1982 and her services were regularized w.e.f 01.11.1986 and she acquired the higher qualification in the year 1993 and the present writ petition has been filed in the year 2016.

(RITU BAHRI) JUDGE 29.04.2016 G Arora GAURAV ARORA 2016.05.06 15:56 I attest to the accuracy and integrity of this document