CWP No.5968 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5968 of 2010 Date of Decision: 24.08.2010 **** Kamla Devi . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Arun Abrol, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is working as a part-time Music Teacher in the DAV Girls High School at Gurdaspur against a post sanctioned under the Grant-in-Aid Scheme. He seeks a direction for the correct fixation of her pay with effect from the date of her initial appointment as well as grant the consequential revised pay scale w.e.f. 01.01.1996 and so on. (2). The District Education Officer, Gurdaspur has filed his reply/affidavit along with a copy of the order dated 26.07.2010 (Annexure R1) whereby the desired relief has been granted to the petitioner and her pay has CWP No.5968 of 2010.doc - 2 – been suitably revised and re-fixed. Respondents No.1 to 4 have, however, taken a plea that petitioner was appointed on part-time basis and she having accepted the terms and conditions of appointment, is not entitled to claim the arrears of pay. (3). In my considered view, there is no legal substance in the plea taken by the respondents, who being an organ of the ‘Welfare State’ cannot thrive upon the unilateral terms and conditions thrusted upon an unemployed person, who had a very limited choice in the matter. (4). The writ petition is, accordingly, allowed in part to the extent that the petitioner is held entitled for notional pay fixation with effect from the date of her initial appointment, however, she shall be paid the arrears of pay for a period of 38 months only preceding the date of filing of the writ petition. The arrears of pay shall be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 24.08.2010 CWP No.5968 of 2010.doc - 3 – vishal shonkar