SUDARSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is disposed of finally at this stage with the consent of learned counsel for the parties as the controversy raised in this petition appears to be covered by the decision of this Court as well as of the Apex Court.

(2.) THE case of the petitioners in brief is that they were working as JBT Teachers and subsequently on the basis of seniority -cum -merit they were promoted as Head Teachers. However, the respondents are not allowing promotional increment as envisaged under Rule 4.4 of C.S.R. Volume I, Part I. The respondents after obtaining advice front the Finance Department, Haryana have taken a view that Social Study Masters are not entitled to such increment of promotion from the post of JBT etc. as they have already been granted equal grade of Masters as per their higher qualification. This Court has already held in CWP No. 10770 of 1988 relying upon the decision of Lekh Raj Khera V. Punjab State , 1986(3) SLR 410 that one increment of higher responsibility/duties is available to JBT Teachers on promotion as Head Teacher/Central Teacher. The Supreme Court of India in State of Punjab v. Lal Singh and others , 1996(6) SLR 642 ;, 1998 (1) SCT 52 (SC) has likewise held so. In the circumstances, the respondents are required to consider the case of the petitioners for grant of promotional increment in accordance with law keeping in view the decision in Lekh Raj Khera's case (supra) and Lal Singh and others' case (supra).

(3.) PETITION allowed.