URMILA Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEARNED counsel for the petitioners contends that the petitioners were appointed by the 3rd respondent -college as Lecturers in December, 1989 after advertisement by a duly constituted Committee, and that they also joined duty. He also contends that their appointments were approved by the University. But at that time the Government was not granting any aid to that college, whereas the aid was granted from April, 1992. The counsel for the petitioners contends that the petitioners have put in 8 years of service and by counting this period which they rendered in the college from December, 1989, they are entitled to senior scale. The learned counsel for the petitioner also points out that two of the Lecturers of the very same college namely; Mrs. Lata Bhardwaj and Mrs. Rajni Bala have been given this benefit by counting their service even from the dates of their initial appointment, even though the college was not receiving any grant in aid from the Government. The allegation with regard to the same is found in para 11 of the writ petition. In reply, the State has only urged that the above said two persons were given the benefit of senior scale subject to the decision to be taken by the State Government, and that the matter is under the active consideration of the State Government. It has also been stated that no final decision has been taken so far. Apart from stating so, the learned counsel for the State has not been able to state why the petitioners should be deprived of the same benefit. The learned counsel for the petitioners also points but that when a similar controversy arose in the case of Professor M.S. Lamba of the Ahir College, Rewari which was un -aided college prior to 1.7.1991, the request of Mr. M.S. Lamba was accepted, and in this connection he refers to the allegations in paragraph 12 of the writ petition and to paragraph 12 of the reply filed by the respondents wherein it has only been stated that Mr. M.S. Lamba has been awarded the benefit to the unaided period in pursuance of Court order, and that the matter to take a decision to generalise this benefit is under the active consideration of the State Government. Here again we find that no reasons have been given for depriving the petitioners of the benefit claimed by the petitioners. When similarly situated two Lecturers of the same college and Mr. M.S. Lamba of Ahir College, Rewari have been given the benefit, there is no reason for not allowing the same benefit to the petitioners. Denying the same benefit to the petitioners, who are also similarly situated as the persons referred to above, amounts to discrimination without any basis, which cannot be permitted.

(2.) THIS writ petition is allowed. The respondents are directed to grant the petitioners the senior scale from the dates on which the petitioners acquired the eligibility by counting the service rendered before April, 1992. This exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order. If there is any factual error it would be open to the State to take appropriate action to recover the amount, if any.