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Judgment
M. Katju, J.—This writ petition has filed for a mandamus directing the Respondents No. 2 to 5 to fix the salary of the Petitioner in the revised grade in accordance with the Pay Commission report and to give her the benefit from 1.1.1986.
Heard learned counsels for the parties.
The Petitioner was appointed as an Art teacher against a substantive clear vacancy for teaching Drawing to the High School and Intermediate classes in Hamidia Girls Inter College, Allahabad. This appointment was approved by the R.I.G.S., Allahabad vide letter dated 21.1.1967. Although the Petitioner was appointed for teaching High School and Intermediate classes in Drawing, she was paid salary in J.T.C. grade. Despite her repeated requests, she was not given the grade for which she was qualified and entitled. Ultimately, the Petitioner made a representation to the R.I.G.S. for payment of salary in L.T. grade and on that application, the R.I.G.S. passed the order dated 2.9.1971 by which she was paid salary in C.T. grade which she was paid from March, 1972 onwards.
In paragraph 12 of the writ petition, it is alleged that the Petitioner was issued a show cause notice by the Principal vide letter dated 31.1.1981 Annexure 1 to the writ petition. By this notice, she was asked to explain why the signature of the clerk concerned was not taken on the relevant register and why she did not sign on the same. The Petitioner submitted her reply expressing her regret for her failure to sign the register and to obtain the signature of the clerk concerned vide Annexure 2 to the writ petition. The Principal of the college instead of treating the matter lightly awarded an adverse entry to the Petitioner vide letter dated 21.5.1981. This adverse entry stated that:
Smt. Hashmatun Nisa has become very difficult to deal with. She was warned not to make false statement and baseless claims to further her ends. She was also warned not to make counter allegations against her Principal and colleagues instead of admitting her fault.
As the matter relating to the deposit of fees of Class 7-A of which she is the Class teacher, for the month of January, 1981 remains unsettled inspite of direction given to her in my letter dated 14.2.1981 I am unable to certify her integrity.
The Petitioner made a representation on 3.6.1981 against the adverse entry to the Manager and sent a reminder on 31.1.1982 requesting for expunging the entry but her representation was rejected by the Manager with a warning. For the following year 1981-82, the Petitioner was given adverse entry in respect of the same charge of making false allegation and in respect of the deposit of fee of Class 7-A in January, 1981 in respect of which she had already been given entry earlier. The Petitioner again made a representation against the entry but that too was rejected by the Manager on 5.10.1982.
It has been alleged in paragraph 19 of the writ petition that adverse entry was made on account of hostility against the Petitioner and to harass her. It was alleged that the amount in question was deposited in the Bank account of the college and not putting the signature on the fee register and obtaining the signature of the clerk were only a small irregularity without putting the college to any loss. It was alleged that the Petitioner''s performance as a teacher was excellent as the pass percentage of her classes has always 99% or 100% for the period for which she was given adverse entry.
For the year 1982-83 again the Petitioner was given adverse entry but again this was with regard to the matter of deposit of fee of Class 7-A for which the adverse entry has already been given earlier.
In Paragraphs 21 to 31 of the writ petition, it has been alleged that in respect of the same matter regarding deposit of fee of Class 7-A which related to the year 1981, the Petitioner has been repeatedly getting adverse entries year after year which was wholly arbitrary and illegal. The Petitioner was permitted to cross the efficiency bar at the stage of basic pay of Rs. 640 in November 1982 as alleged in paragraph 32 of the writ petition. She was also awarded cash price and certificate of appreciation of best result of her subject in High School examination among the Minority Institutions in Uttar Pradesh. The Principal has awarded adverse entries repeatedly only to negative her achievement and crossing of efficiency bar by her. The matter of deposit of fee of Class 7-A in 1981 had been repeatedly used for giving adverse entry to the Petitioner for more than 14 years despite the fact that the Petitioner had submitted a letter of regret as far back as 10.2.1981. Hence the Petitioner was being harassed repeatedly for a minor mistake committed by her in January, 1981 and this was done Just to deny her benefit of the advantages of the pay scale which has revised the pay scale of the teachers. The Petitioners alleged that she was entitled to get selection grade from 1.1.1986 for which she opted but the Principal ignored her option and got her pay fixed in the ordinary grade. She was not given her pay on selection grade from 1.1.1986. The Petitioner made a representation to the R.I.G.S. on 5.1.1990 vide Annexure 3 to the petition and the R.I.G.S. conducted a thorough enquiry and found that the allegations levelled by the Principal against the Petitioner was false. The R.I.G.S. thereupon ordered by her letter dated 17.3.1992 that the Petitioner should be given selection grade. True copy of the letter is Annexure 4. However, the Respondents No. 3 to 5 did not comply with the order of the R.I.G.S. The Petitioner has alleged that she has been knocking the door of the R.I.G.S. continuously but to no avail. When she met the concerned authorities, she was told that nothing could be done without the order of the D.I.O.S. Hence, she was compelled to file this petition.
A counter-affidavit has been filed by the Manager of the Institution and I have perused the same. In paragraph 4 of the same, it is alleged that the Petitioner was appointed on the vacancy of resignation of Smt. Shafqatun Nisa from 1.12.1966 vide Annexure C.A. 2. In paragraph 6, it is denied that there was any harassment to the Petitioner. In paragraph 7, it is stated that a sum of Rs. 325.71 was collected by the Petitioner from the student of Class 7-A and was not deposited with the clerk concerned, namely Sri Atiq Ahmad. In paragraph 8 of the counter-affidavit, it is stated that the Petitioner had made false allegation against fee clerk and even against the Principal. In paragraph 9, it is stated that the Petitioner did not co-operate and displayed hostility towards the Principal. In paragraph 10, it is stated that the matter was enquired into by the Committee of Management which came to the conclusion that the adverse entry was Justified. It was also alleged that a suit had also been filed by the Petitioner but later on it was withdrawn. In paragraph 37, it is stated that the claim for L.T. selection grade and arrears from 1.1.1986 was uncalled for.
In my opinion, the Management has been unnecessarily victimizing the Petitioner for a petty mistake for which she has already apologised. Moreover the R.I.G.S. by her order dated 17.3.1992 held that the Petitioner is entitled to the selection grade and this order has become final. Hence, in my opinion, the action of the Respondents is arbitrary.
In the circumstances, this petition is allowed. A mandamus is issued to the Respondents to refix the salary of the Petitioner in the revised grade in accordance with the Pay Commission Report and give her selection grade in L.T. grade from 1.1.1986. She will also be given arrears from 1.1.1986 on L.T. selection grade along with interest at the rate of 12% within three months of production of a certified copy before the D.I.O.S. No order as to costs.