PREM ARYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Despite several decisions of this court on the question of entitlement of Headmistresses employee in the Government Schools in pursuance of Government Notification No. l/17/2PR(FD)-80 dated 18.11.1980, the respondents have not discharged their constitutional obligations to give similar benefit to the persons like the petitioner and this is the precise reason which has compelled the petitioner to file this writ petition under Article 226 of the Constitution of India.

(2.) The facts of the case, which have remained uncontroverted on accept of the non- filing of the reply by the respondents show that the petitioner joined service as Math. Mistress in Government School with effect from 15.8.1963. She was promoted as Headmistress of Government High School with effect from 8.9.1973. In the provisional gradation list of Headmistresses (State Cadre) as on 1.1.1985 the name of the petitioner appears at Sr. No. 131. The government of Haryana had revised pay-scales of the Headmistresses of the Government High Schools from time to time. The earliest revision was made effective from 1.4.1979. Regular time scale of Rs. 700-1250 came to be prescribed for the posts of Headmistresses and 20% of the total posts were to be filled by grant of selection grade (Rs. 800-1600) as per notification dated 18.11.1980. Petitioner's plea is that although in terms of the notification dated 18.11.1980 Annexure P. 1 it was obligatory for the respondents to have taken into consideration the total number of posts of headmistresses for determining the ratio of 20% posts to be filled by grant of selection grade, the respondents restricted this consideration to the posts which were in existence for the last three years. This decision of the respondents drastically curtailed the number of available posts which could be filled by grant of selection grade.

(3.) Petitioner has made reference to an order passed by this court in Ram Nath Chandok and others vs. The State of Punjab and others,1986 2 SLJ 61, wherein a learned Single Judge of this court accepted the case of the similarly situated persons and allowed the grant o selection grade against the total number of vacant posts of Headmistresses. Letters Patent Appeal No. 135 of 1986 filed against the order of the learned Single Judge was dismissed by a Division Bench and the petition for leave to appeal was also dismissed by the Supreme Court. This order of the learned Single Judge has found approval of a Division Bench in C.W.P. No. 16879 of 1991 decided on 2.4.1992 as well as C.W.P. No. 4998 of 1992 titled as Smt. Chameli Devi and others, decided on 14.9.1992. further assertion of the petitioner is that in pursuance of the decisions of this court respondents have passed orders dated 6.1.1993 and granted the benefit of selection grade to the persons named in the said order. It was further pleaded that, notwithstanding the fact that the respondents have accepted the decisions of this Court rendered in different cases, the benefit of selection grade has not been given to the petitioner despite the fact that she fulfills the conditions of eligibility for grant of selection grade.