LAWS(P&H)-1993-10-191

KIRAN MISHRA Vs. STATE OF HARYANA

Decided On October 11, 1993
KIRAN MISHRA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This order will dispose of two civil writ petitions nos. 3324 of 1990 and 4875 of 1990 as common questions of law and fact are involved.

(2.) The petitioners, who had been working as Headmasters/Headmistresses in the Education Department of the State of Haryana, were selected as Project Officers through the Haryana Public Service Commission, to serve in the Rural Functional Literacy Project, which was being financed partly by the Government of India and partly by the Haryana Government. Under the letters of appointment Annexure P-1 dated November 25,1981, it was provided that the post of Project Officer was purely temporary in duration. In para No. (iii) of Annexure P-1, it was provided hereunden-

(3.) Mr. Pritam Saini, learned counsel for the petitioners has urged that the first point does not survive any more in view of the fact that the posts have already been abolished and the Supreme Court has put its approval on this action in the words quoted above, but he has submitted that as far as the second point is concerned, the matter still survive because as a consequence of the reversion of the petitioner, they have lost their status as Class I Officer and their salaries and pay scales have also been brought down as the pay scale of Headmaster is Rs. 2000-3500, whereas that of the Project Officer was Rs. 2200-4000. He has also urged that the respondents were adopting a policy of pick and choose and while allowing some Project Officers, specifically named in the petition, the same pay scale on their reversion to the parent Department, have declined this benefit to the petitioners. He has also relied upon Haryana Tanneries Employees Union (Regd), Jind, Haryana vs. State of Haryana and another,1989 1 RSJ 619, in which it has been observed that on retrenchment the State must ensure that the employees are appointed in alternative jobs.