CWP (T) No. 2428/2008 26.2.2009: Present: Mr. Lokinder Thakur, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondents. The petitioner was appointed as a regular JBT Teacher on 15th September, 1973. She improved her qualification by passing B.A. examination in the year 1977. She was transferred to the State of Punjab on her request in the year 1982. The respondent-State had issued letter dated 12th May, 1987 whereby a conscious decision was taken to grant higher pay scale on attaining the higher educational qualification with effect from 13.12.1958 to 27.9.1979. It is not disputed by the State that during the period she was working as JBT Teacher under the State Government, she improved her educational qualification. She was entitled for the release of higher pay scale on the basis of communication dated 12th May, 1987. In case the petitioner is granted the higher pay scale on the basis of the communication dated 12th May, 1987, her pay scale in the State of Punjab is liable to be increased. Accordingly, in view of the observations made hereinabove, the writ petition is allowed. The petitioner is held entitled to higher pay scale on the basis of letter dated 12th May, 1987 since she has improved her educational qualification within the prescribed period i.e. 13.12.1958 to 27.9.1979 albeit she stood transferred to the State of Punjab. Before parting with the judgment it is necessary to advert to order dated 25.2.2009. The Court had directed the Director Elementary Education to hold inquiry why the responsible officer/official was not present in the Court for assistance. Mr. R.K. Sharma, Sr. Addl. Advocate General submits that immediately after the order was passed, the Officers/Officials made earnest efforts to trace out the file. The file according to Mr. Sharma being old was traced after the Court time was over. In view of this explanation, no inquiry be held against any incumbent. (Rajiv Sharma), February 26, 2009 Judge. *Awasthi*