VIMLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was initially appointed as a JBT teacher on 30.5.1952 in Primary Camp School Palwal, which was a District Board school in District Gurgaon. The District Board Schools were taken over by the State Government on 1.10.1957 and in July, 1967, the petitioner was transferred to the Government Girls High School, Jhajjar in District Rohtak.

(2.) The petitioner is claiming the benefit of Government instructions dated 3rd July, 1975 (Annexure P.2) by which the Government of Haryana granted selection grade with effect from 1st October, 1974, to those masters / teachers borne on the provincialised Cadre who had completed 18 years service on that date and also awarded the selection grade as and when such provincialised cadre teachers completed 18 years' service.

(3.) The grievance of the petitioner in this writ petition is that she is being treated as if belonging to the State cadre on being taken over by the State Government. According to the learned counsel for the petitioner, until the entire provincialised cadre is exhausted or wiped out, such teachers cannot be considered to be part of the State cadre and the Government is supposed to keep two separate cadres i.e., the provincialised cadre and the State cadre, and that the members belonging to the provincialised cadre are shown at due places in the provincialised cadre. Reliance is placed by the learned counsel for the petitioner on a Division Bench judgment of this court reported as Naginder Singh v. State of Punjab,1990 1 RSJ 123. The argument of the learned counsel proceeds that once the petitioner is held to be belonging to the provincialised cadre he cannot be denied the benefit of Government instructions dated 3rd July, 1975.