CWP No.2064 of 2005 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 29.05.2009 Dharam Singh ... Petitioner Versus The State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.RK Arora, Advocate,for the petitioner. Ms.Ambika Luthra, AAG, Punjab. PERMOD KOHLI, J. (Oral): On 05.08.1972, the petitioner was appointed as PTI in the Education Department, Punjab. During service he acquired higher qualification of TDC Part-I. On the basis of the government instructions such of the teachers who have acquired higher qualification, were to be placed in the higher pay scale. On being denied such benefit, a number of employees filed writ petitions before this Court. Finally, the matter was decided by the Hon'ble Supreme Court. Based upon the decision of the Supreme Court, the District Education Officer, Ropar, passed orders dated 21.02.1990 (Annexure P-1) granting the benefit of pay fixation to the writ petitioners and also to the non-writ petitioners. The petitioners herein also got the benefit though he was not the petitioner in the earlier litigation and his pay was refixed by the Headmaster, Government High School, Phatwan (Ropar), vide Annexure P-2. The petitioner was placed in the JST Scale of Rs.620-1200/- with initial start of Rs.660/- in terms of the Punjab Government notification dated 17.02.1989 (Annexure P-3). Now by virtue CWP No.2064 of 2005 : 2 : of the impugned order dated 13.12.2004 (Annexure P-6) which was given effect vide Annexure P-9, the aforesaid benefit has been withdrawn on the ground that the petitioner was not entitled to initial start of Rs.660/-. It is not in dispute that the petitioner's pay was re-fixed on the basis of the judgment of the Hon'ble Supreme Court. The earlier order of re-fixation of the pay has not been withdrawn or modified in any manner. Otherwise also, no valid reasons have been given in the impugned order for withdrawal of the benefit earlier granted. Otherwise also, the Headmaster, Government High School, Phatwan (Ropar), is not the competent authority to withdraw the benefit granted to the petitioner. In view of the above, this writ petition is allowed. The impugned orders Annexures P-6 and P-9 are hereby quashed. The petitioner shall be entitled to the higher pay scale as earlier granted to him vide order Annexure P-2. The petitioner shall be entitled to consequential benefits which shall be granted to him within a period of four months from the date a certified copy of this order is made available to the competent authority. No costs. 29.05.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO