SUSHILA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I propose to dispose of four writ petitions i.e. CWP Nos. 4747 of 2002, 3705, 5295 and 6552 of 2003, wherein the questions of law and facts are the same. For convenience, facts are being taken from CWP No. 4747 of 2002.

(2.) Petitioners have approached this Court challenging the order dated 12.02.2002 (Annexure P-9), vide which pay of the petitioners has been reduced and recovery has been ordered on the ground that the revision of pay does not entitle them to the Assured Career Progression (hereinafter referred to as 'ACP') grade after completion of 10 years of regular service which they have earlier been granted by the respondents. It has been asserted that the petitioners, who are promoted as Head Teachers, are not entitled to the ACP Grade, which has been granted to them and are entitled to a lower grade, which has been subsequently notified vide notification dated 18.07.2001. Petitioners contend that as per the revision of pay scales of Haryana Government employees under Haryana Civil Services (Revised Pay) Rules, 1998 and the Haryana Civil Services (Assured Progression) Rules, 1998, a notification was issued, according to which, the pay scales of the Government employees were revised. At Item No. 25 of Annexure-A, Teachers belonging to the Education Department were mentioned, wherein Head Teacher (Primary) was to be granted the pay scale as follows:- <FRM>JUDGEMENT_183_LAWS(P&H)3_20121.html</FRM>

(3.) This grade was granted to the petitioners on completion of 10 years of service as Head Teachers. Respondents, on a wrong assumption, proceeded to reduce the pay scale of the petitioners relying upon the notification dated 18.07.2001 issued by the Government of Haryana, which the respondents proceeded that the Head Teachers were not entitled to. Functional pay scale and other pay scales would be as follows:- <FRM>JUDGEMENT_183_LAWS(P&H)3_20122.html</FRM>