ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Civil Misc. Application No. 2173 of 1993 was filed by the petitioner in the present writ petition, for directing the respondents to release the retiral benefits to the petitioner during the pendency of the writ petition. It has been averred in the Misc. application that because of the pendency of the writ petition, the claim regarding the retiral benefits admissible to the petitioner was not being decided. With the consent of the learned counsel for the parties, I heard arguments in the main case and I proceed to dispose of the same.

(2.) Briefly the facts of the case are as under : The petitioner was appointed as a Social Study Master in the J.A.V. High School, Mandaura, District Rohtak, on 4th October, 1957. Apart from the normal time scale of pay for the Masters, there was a Selection Grade of Rs. 250-10-300 for 15% of the posts in the cadre. The petitioner was given the selection grade of Rs. 250-10-300 with effect from 1st October, 1966. On the recommendation of the Kothari Commission, the Selection grade was revised to Rs. 400-20-500 with effect from 1st December, 1967.

(3.) The school, where the petitioner was working, was taken over by the Government on 26th February, 1969. After the takeover, the school came to be known as Government High School, Mandaura. According to the formal deed, dated 28th March, 1969 (Annexure P-1) executed between the School Authorities and the Government for taking over the school, the school was to be considered to have been taken over by the Government with effect from 26th February, 1969. On that date the petitioner was drawing basic pay of Rs. 420/- in the selection grade of Rs. 400-20-500. According to the terms of the deed of takeover of the school, as mentioned above, the petitioner was initially given the running time scale of Rs. 220-8-400. However, by a letter dated 23/28th June, 1971 (Annexure P-2) from the Director of Public Instructions, Haryana the petitioner after being approved by the Haryana Public Service Commission (in short ('Commission'), was absorbed on regular basis in the Government service with effect from 26th February,1969.