CWP No.1783 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1783 of 1990 DATE OF DECISION: March 4, 2010 KRISHNA DEVI ...PETITIONER VERSUS STATE OF PUNJAB AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. R.P. KANSAL, ADVOCATE FOR THE PETITIONERS. MR. O.P. DABLA, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed that directions be issued to the respondents to grant her higher pay scale in accordance with qualifications possessed by her and in view of the Instructions issued by the State of Punjab from time to time. The petitioner originally joined service in the Education Department of Punjab as Nursery Teacher on temporary basis for 6 months vide letter dated 27.2.1978, issued by the office of District Education Project, Sangrur. The services of the petitioner were regularized on 1.4.1985. The District Education Officer, Sangrur vide letter dated 4.9.1979, informed the petitioner that she was selected to complete the 2nd year of JBT Training Course for the session 1979-80. In pursuance to the aforesaid letter, the petitioner completed the 2nd year of JBT Training w.e.f. 12.9.1979 upto 9.6.1980. The result of the JBT Training Course of the petitioner was declared on 1.9.1980. As the petitioner had passed the JBT Training Course, therefore, she was granted the pay scale of Rs.150-300 CWP No.1783 of 1990 -2- w.e.f. the passing of the JBT Training Course, i.e. from 1.9.1980. The petitioner was granted the higher pay scale w.e.f. the date she qualified 2nd year of JBT Training Course. Counsel for the petitioner submits that as the petitioner was having the qualification of Prabhakar at the time of joining of service as Nursery Teacher, therefore, she is entitled to be given the pay scale of Classical and Vernacular Teacher. Reply has been filed by the respondents wherein it has been averred that the petitioner has been granted the higher pay scale from the date she completed the JBT Teachers Training Course. It has further been averred that the petitioner is not entitled to higher pay scale in lieu of her passing Prabhakar examination, as the petitioner was not a JBT Teacher at the time of her first entry into Government service, i.e. on 9.3.1978. I have heard the counsel for the parties and have gone through the pleadings. A perusal of the aforementioned facts clearly shows that the petitioner was not qualified JBT Teacher on the date when she joined service. She completed her JBT Training Course on 1.9.1980 and from that date she has been given the higher pay scale. Apart from the above, as the petitioner had the qualification of Prabhakar prior to her joining in service, and she completed the JBT Training Course in the year 1980, therefore, she is not entitled to claim higher pay scale in view of the judgement in State of Haryana and others vs. Sumitra and others, reported as 2004(1) RSJ 552 In view of the above, there is no merit in the writ petition and the same is dismissed. March 4, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE