SARASWATI DEVI Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This petition is fully covered by decision of the Supreme Court in Chaman Lal and others v. State of Haryana, 1987 AIR(SC) 1621which is to the effect that J.B.T. teachers on acquiring higher qualifications of B.A., B.Ed. would be placed in the higher pay-scale. The petitioner Saraswati Devi who is a JBT teacher acquired the qualification B.A., B.Ed. on December 30, 1989, copy of the certificate being Annexure P.1. Since she was not being given higher pay-scale as per instructions of the Government, Annexures P.2 and P.3, she has approached this Court for the grant of relief.

(2.) The stand of the respondents is two-fold. Firstly, that as per latest instructions issued on March 9,1990, Annexure R.1, on acquiring higher educational qualifications, higher pay scale is not to be given and secondly, reliance has been placed on the decision of this Court in CWP 770 of 1989, Bachan Lal Lahori v. The State of Haryana, decided on June 5, 1990.

(3.) After hearing counsel for the parties we are of the view that this writ petition deserves to be allowed. The instructions of March 9, 1990-R.1 cannot be pressed into service to deprive the petitioner of his right to be placed in the higher pay-scale which accrued earlier. The State of Haryana has allowed higher pay-scales to persons who had acquired higher qualifications and there is no cause for creating discrimination while denying the same relief to the petitioner.