USHA KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this petition under Articles 226/227 of the Constitution of India is, Annexures P5 and P6. The two orders are passed by the respondents vide which benefit of higher grade on the basis of higher qualifications has been withdrawn and the relief has been denied.

(2.) In view of the order we propose to pass in this petition, it may not be necessary to spell out the facts of the petition in detail. Suffice it to say that the petitioner had earlier filed writ petition before this Court being Civil Writ Petition No. 17580 of 1996, Ram Chander Pruthi and others Vs. State of Haryana. In this Civil Writ petition, the petitioners claimed that they be granted benefit of higher pay scale in accordance with the qualifications possessed by them and from the dates when they acquired such qualifications during the course of their employment. The Court directed the respondents to give benefit to the petitioner in terms of para No. 2 of the Government instructions dated 23.7.1957. The relief was granted to those who acquired the requisite qualifications prior to 9.3.1990. This order was duly implemented by the respondents vide Annexure P4. However, now vide annexures P5 and P6, the reliefs granted to the petitioner have been withdrawn. Challenge is to these two impugned orders.

(3.) It is not disputed before us that the petitioner had acquired higher qualifications prior to the cut off date of 9.3.1990. The main argument raised on behalf of the State is that now the Honourable Apex Court, has in other connected matters, taken a view favourable to the State and as per case reported in Wazir Singh Vs. State of Haryana, 1996(1) RSJ 784 : 1996(1) SCT 431 (P&H) , the decision of State to withdraw the benefit as a matter of policy has been up-held.