NEERAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuance of a writ of mandamus directing the respondents to protect the last pay drawn by him on regularization of his services vide order dated 14.12.2013 (Annexure P -3)

(2.) COUNSEL for the petitioner contends that the petitioner was initially appointed on the post of a School Lecturer on contract basis after undergoing the process of selection through Employment Exchange and duly constituted Selection Committee headed by the Joint Director, Secondary Education, Haryana. The petitioner joined on 10.10.1997 in Government Girls Senior Secondary School, Hodal. Thereafter, his services were terminated in the year 1998. Petitioner approached this Court by filing CWP No. 9269 of 2005, which was disposed of by this Court. As a consequence of the directions issued by this Court dated 31.05.2005, petitioner was offered fresh appointment on purely contractual basis on the post of Lecturer in Physics vide order dated 09.12.2005 (Annexure P -1). Petitioner was granted the revised pay scale w.e.f. 01.01.2006. Petitioner continued on the said post till the date of his regularization vide order dated 14.12.2013 (Annexure P -3). As a consequence of the order dated 14.12.2013 (Annexure P -3), the pay of the petitioner has been reduced as he has been fixed at the minimum of the pay scale depriving him the benefit of the increments, which he had earned from the date of his re -instatement in pursuance to the order dated 09.12.2005 (Annexure P -1). This, the counsel contends, is not sustainable as it would deny the petitioner of the benefit of the pay, which he was already getting prior to the date of his regularization.

(3.) IN the light of the submissions made by the counsel for the petitioner and without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Secretary, Government of Haryana, Education Department -respondent No. 1 to consider and decide the legal notice dated 26.03.2014 (Annexure P -5) within a period of three months' from the date of receipt of certified copy of this order.