IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 4809 of 2008 Date of decision: 11.11.2010 _____________________________________________________________ Smt. Savitri Devi. ....Petitioner. Versus State of H.P. & others. .....Respondents. ____________________________________________________________ Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon'ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting? _____________________________________________________________ For the petitioner: Mr. Bhuvnesh Sharma, Advocate for petitioner. For the respondents: Mr. Mr. Ankush Dass Sood, Addl. A.G. with Mr. J.K. Verma, Dy. A.G. _____________________________________________________________ Justice Kurian Joseph, Chief Justice (Oral): The petition has been filed with the following prayer:- i) That the respondents may very kindly be directed to grant higher pay to the applicant on account of acquisition of higher qualifications within the stipulated period with all consequential benefits. 2. In the reply at paragraph 6 (v), it is stated as follows:- “That in reply to this para, it is submitted that the benefit of improvement of higher qualification upto B.A. Has been allowed to the applicant. Rest of the contention of the applicant in this para are denied, -2 however, it is pertinent to mention here that the applicant is not at all entitled for the benefit of higher qualification of M.A. Because, as per the copy of letter No.EDN-C-B(1)-1/95 dated 27.2.1997 issued by the commissioner-cum-Secretary (Edu) to the Govt. of H.P. Shimla only those J.B.T. Teachers who have acquired higher qualification of F.A./inter/T.D.C. part-I/T.D.C,.- Part-II between the period 13.12.58 to 27.9.79, but no such J.B.T. Teachers are entitled to this benefit who have acquired or acquiring the qualification of M.A. Are not entitled for the benefit of having passed M.A. Examination. The copy of this letter attached and marked as Annexure R-1.” 3. The learned counsel for the petitioner submits that the petitioner has since been promoted as T.G.T. (Arts) in January, 2000 and hence, in view of Annexure A-3, memo dated 15.11.1990, the petitioner is entitled for two advance increments. This aspect of the matter, the petitioner can point out before the second respondent. The second respondent shall consider the matter in the light of Annexure A-3 and appropriate action shall be taken in the matter within a period of three months on the receipt of representation alongwith certified copy of judgment. The consequential benefits, if any, for which the petitioner is found eligible shall be disbursed to -3- him within another one month. 4. With the above observations, the petition is disposed, so also the pending application, if any. Dasti Copy. (Kurian Joseph) Chief Justice (V.K. Sharma) 11th November, 2010. Judge. (kck/lsp) _____________________________________________________________