HARBEL KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was initially appointed as a Teacher in the Government Hiirrarv School, Chhachlirauli on 19.6.1947 and was thereafter, adjusted as a Punjabi teacher (in July 1950) and she continued working as such till her retirement in 1981. The Government issued instructions Annexure P -1 dated 28.6.1991 wherein the State cadre teachers (such as the petitioner) who had completed 18 years of serv - ice before 1.1.1986 were made entitled to the grant of the selection grade from the date of completion of that period of service. As the petitioner had completed this period of qualifying service before her superannuation, she made various representations to the respondents but to no positive effect and vide Annexure P -4 dated 15.5.1997 she was finally informed that her claim had been rejected. The present writ petition has been filed challenging the order Annexure P -4.

(2.) A reply has been filed on behalf of the respondents and a positive stand has been taken that the instructions Annexures P -1 relied upon by the petitioner were applicable only to JBT teachers belonging to State cadre and not to the case of the petitioner as she belonged to the C & V Cadre. This plea has also been highlighted by Ms. Bahri, the learned Deputy Advocate General, Haryana in the course of arguments before us today. We have gone through the instructions Annexure P -1 and find that the stand taken by the respondents in the written statement is at variance with the meaning and the import of the instructions. In paragraph 2 of the instructions it has clearly been stated as under:

(3.) THE respondents have, however, placed reliance on the endorsement made in the annexure in which the Director, Primary Education, Haryana, has circulated the order that allJBTteachers of the State cadre who had completely 18 years of service before 1.1.1986 be awarded the selection grade. It would be evident, therefore, that whereas the State Government had taken a positive decision that all State cadre teachers who had completed 18 years of service as on 1.1.1986 were entitled to the grant of selection grade, the Director Primary Education had limited the claim to JBT Teachers only. We are of the opinion that in the light of the government decision given in Annexure P -1, the endorsement made and circulated by the Director cannot have any effect on the rights of the petitioner.