SAT PAL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus to the respondents to count the services rendered by them in C.R. Dass High School, Babyal for fixation of their seniority and grant of other service benefits after absorption in the government service.

(2.) A perusal of the record shows that the petitioners were appointed as S.S. Masters in the service of C.R. Dass High School, Babyal, District Ambala, which was a privately-managed government aided school. In the year 1981, the State Government took over the school and absorbed the staff including the petitioners in the government service in view the undertaking given by them vide Annexure R.1 that they have no objection to the counting of their seniority from the date of take-over and that they will not claim benefit of the past service. After about 10 years, they submitted representation Annexure P.2 dated 11.6.1991 for restoration of seniority and grant of annual increments by counting the service rendered in the privately-managed school and having failed to persuade the respondents to accept their claim, they filed the present petition.

(3.) The respondents have relied on the written undertaking given by the petitioners not to claim the benefit of past service. They have averred that the school had been taken over in view of the representation made by its Managing Committee to the Chief Minister subject to the terms and conditions embodied in memo No. 31/15-80 SDI (5) dated 28.9.1981.