SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of C.W.P. Nos. 17, 1622, 2436, 3503 and 4292 of 1991. The petitioners were employed to work as Part-time Instructors under the Non-formal Education Scheme. With effect from April 1, 1989, the Government had abolished the scheme. The petitioners claim that they are entitled to be paid salary in the scale of Rs. 1200-2040 for the period they had actually rendered service. On that premises, arrears of pay have been claimed. Reliance has been placed on the decision of their Lordships of the Supreme Court in Jai Pal Singh vs. State of Haryana, 1988 AIR(SC) 1504and on the decision of a Division Bench of this Court in CWP No. 12755 of 1989, decided on January 23,1990. On behalf of the respondents, it has been averred that the petitioners were working for 2-1/2 hours per day under the Non-formal Education Scheme. It is claimed that their case is neither covered under the instructions issued by the State of Haryana vide its letter dated July 4, 1989 annexure P. 1 nor by the dictum of law as laid down in Jaipal Singh's case .

(2.) Apparently, the petitioners have approached this Court long after their services had been terminated in March/April, 1989. It also appears that they were not working for four hours a day as was the position in Jaipal Singh's case. However no plea regarding delay has been raised in the written statement. No meaningful difference has been pointed out for treating the petitioners in these cases differently from these in the case decided by the Division Bench earlier. In view of the decision in CWP No. 12755 of 1989 decided on January 23,1990, I have no alternative except to allow the petitions.

(3.) Accordingly, these writ petitions are allowed and the respondent's are directed to pay the arrears of salary to the petitioners within four months from the date of the receipt of a copy of this order. No costs.