SMT. PUSHPA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition for quashing of the order dated 3.6.1999 (Annexure P -5) passed by the Director, Secondary Education, Haryana (respondent No, 2) declining the petitioner's prayer for grant of higher grade in accordance with the instructions issued by the Government of Punjab vide Circular letter No. 5058 -RF -II -57/5660 (Annexure P -3).

(2.) THE factual matrix of the case lie in a narrow compass. After acquiring the qualification of B.A, (1975) and B.Ed. (1976), the petitioner joined as J.B.T. Teacher in Jain Girls High School, Karnal (respondent No. 3). In 1998, she filed Civil Writ Petition No. 13013 of 1998 for issuance of a mandamus to the respondents to pay salary in the higher grade in accordance with the instructions contained in Annexure P -3. The same was disposed of by a Division Bench on August 19, 1998 with a direction that representation made by her for grant of higher grade shall be decided within four months. In compliance of the Court's order, respondent No. 2 passed the impugned order. The relevant extract of that order is reproduced below ;

(3.) WE have thoughtfully considered the argument of the learned counsel and have gone through the decisions relied upon by him, but have not felt persuaded to agree with him that the petitioner is entitled to get relief in terms of the prayer made. In the past a number of writ petitions and appeals have been filed in this Court and the Supreme Court for grant of the benefit of higher grade in accordance with the instructions contained in the circular dated 23.7.1957. Some of these petitions/appeals have been dismissed while others have been allowed and directions have been given for payment of salary in the higher pay scale on the basis of higher qualifications possessed by the petitioner -appellant. However, before adverting to those decisions, we deem it proper to examine the ambit and scope of Circular dated 23.7.1957 and other circulars issued by the Government of Haryana, which constitute the bed -rock -of the petitioner's claim. The same reads as under: -