CWP No.14733 of 1993 - 1 - In the High Court of Punjab and Haryana at Chandigarh Date of decision:14.01.2010 Shyama Kumari Vs. State of Haryana and others CORAM: HON'BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioner. Mr.Rameshwar Malik, Addl.AG, Haryana. -- PERMOD KOHLI, J. (Oral): The petitioner was appointed as Hindi Teacher in the respondent department on 10.10.1956. Her services were regularised with effect from 19\8.09.1959. She acquired higher qualification of BA., B.Ed. with the permission of the department and on the basis of same, she was placed in the Master's grade with effect from 21.6.1972. She was adjusted as Mistress in July 1973. The petitioner crossed the Efficiency Bar at the stage of Rs.850/- with effect from 1.4.1983 to earn further increments. The petitioner was not granted increments and she represented to the department. The District Education Officer, Ambala, passed order dated 10.01.1990 (Annexure P-1) retaining the petitioner at the stage of Rs.850/- when she was to cross the Efficiency Bar on the ground that her result was into minus during the years 1976-77, 1977-78, 1978-79, 1979-80 to 1982-83. It is further pleaded CWP No.14733 of 1993 - 2 - that under the government instructions, over all record of the official should be good and she has not been considered under the provisions of Punjab Civil Services Rules to cross the Efficiency Bar. The petitioner made representations Annexure P-2 and P-3 against the aforesaid order. However, the claim of the petitioner has been declined vide letter dated 22.3.1993 (Annexure P-5) on the ground that the petitioner has opted for new pay scales as no Efficiency Bar is due to her. Both these orders have been challenged by the petitioner in the present writ petition. In the reply filed by the respondents, the grounds mentioned in the impugned orders have been reiterated. However, the respondents have not placed any material on record to indicate that any deficiency in the result of the students can be considered to be adverse remarks. The government instructions, Annexure P-6, placed on record by the petitioner provide for 50 per cent good reports in the preceding ten years and other conditions to retain a person at the stage of crossing of Efficiency Bar. As a matter of fact, the action of the respondents is not covered by any of the conditions of the aforesaid government instructions. For the reasons recorded above, the impugned orders are not sustainable in law. Accordingly, this petition is allowed. The impugned orders Annexures P-1 and P-5 are hereby quashed and set aside. Consequently, the respondents are directed to release the increment of the petitioner withheld at the stage of Rs.850/- within a CWP No.14733 of 1993 - 3 - period of two month from the date a certified copy of this order is made available to the concerned authority. 14.01.2010 (PERMOD KOHLI) BLS JUDGE