Rani Bhullar v. State Of Punjab & ORS
LPA-1844-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-1844-2016 (O&M) Date of Decision: September 21, 2016 Rani Bhullar .....Appellant
Versus
State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA
Present:
Mr.R.K.Arora, Advocate for the appellant.
........
SURYA KANT, J.
The appellant was a candidate for the post of JBT/Elementary Trained Teacher. She was not selected despite being higher in merit. In a fact finding enquiry held in the year 2012 it was found that the appellant despite being higher in merit was not selected in the year 1997. The correctional steps were thus taken by the authorities and the appellant stood appointed. Learned Single Judge vide order under appeal dated 02.05.2016 has granted all other service benefits to the appellant w.e.f. 15.08.1997 as per her merit except that instead of full amount of arrears of pay, a lump sum amount of Rs.2.5 lacs has been ordered to be paid to her as compensation in lieu of such arrears.
In this Letters Patent Appeal, the appellant seeks payment of full arrears of pay.
We have heard learned counsel for the appellant. We are, however, not inclined to interfere with the order passed Meenu 2016.09.29 14:06 I attest to the accuracy and authenticity of this document chandigarh
LPA-1844-2016 (O&M) -2by learned Single Judge for various reasons, namely, (i) discretion exercised by a writ Court unless found to be ex facie illegal or unjust, need not to be interfered with by the Appellate Court; (ii) the appellant has actually not served on the post in question but since she was deprived due to illegal action of the Authority, she has been adequately compensated; and (iii) so far as service benefits including seniority is concerned, the same has been restored in favour of the appellant.
For the reasons afore-stated, it is held that appellant is not entitled to claim all the arrears of pay.
Dismissed.
( SURYA KANT ) JUDGE September 21, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Whether speaking/reasoned :
Yes/No Whether Reportable :
Yes/No Meenu 2016.09.29 14:06 I attest to the accuracy and authenticity of this document chandigarh