AJAY KUMAR SAXENA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mukund Lal National Senior Secondary School, Yamuna Nagar, haryana (hereinafter referred to as "the School") is a State-aided institution. Earlier it was having 11 classes on 10+1 basis. In 1985 the State of Haryana introduced the 10+2+3 system of education in the schools and colleges in Haryana and consequently Class XII was introduced in the School in 1986. As a result, additional teachers were required to be appointed. The appellants were appointed as teachers to teach Classes XI and XII in the School from July 1986 onwards in the year 1986. The claim of the appellants is that they should be paid the same emoluments as are being paid to the teachers in government schools and that their pay scale was less than that of the teachers in the government schools inasmuch as they were not given the benefit of the revision of pay scales which were introduced in the year 1990. They filed a writ petition before the High court of Punjab and Haryana which was dismissed by the High court by the impugned judgment. Hence this appeal.

(2.) We have been informed that out of the six appellants in this appeal two of the appellants, namely, Mrs Nisha Bhardwaj and Mrs Madhu Duggal, Respondents 5 and 6 respectively, have left the School and they are no longer in employment in the School. The appeal is, therefore, confined to appellants 1 to 4.

(3.) The grievance of the appellants as well as of the Management of the school is that after the upgradation of the School to 10+2 level in 1986, a request was made by the Management to the State government for sanctioning 18 additional posts of teachers and that against the said request only one post was sanctioned and 17 posts were not sanctioned. It was pointed out that same is the position in respect of other schools in the State of Haryana. By order dated 20/2/1996, this court directed the State government to constitute a three-member Committee which would prescribe the norms for sanctioning the additional posts of teachers to meet the requirement of additional teachers on account of upgradation of the schools from 10+1 to 10+2 level and the Committee would also examine the claims of the managements of the various schools for sanctioning additional posts of teachers in the light of the norms that were prescribed. In accordance with the directions contained in the said order, the State government constituted a Committee and the said Committee has submitted its report dated 18/9/1996. The Committee, in its report, has prescribed the norms to be adopted for sanctioning the posts of teachers and has examined the claims of the Management of the Schools for sanctioning additional posts of teachers in the School. According to the report of the Committee, additional posts of only one full-time and one part-time post of teacher were required in the School as per the norms laid by the Committee. The Committee has proceeded on the basis that the additional post of teachers have to be taken on the basis of the enrolment in 1985-86 and that, if the enrolment in the school had increased or was increased after 1985-86, the government shallhave no liability to pay the expenditure of the additional posts required by the School on account of increased enrolment. The assessment about the number of additional teachers needed in the School has been made by the committee on the basis of the number of students in Class XI in the School in 1985.