BALBIR SINGH RATHEE Vs. STATE OF HARYANA

JUDGEMENT

(1.) What is challenged in this petition under Article 226 of the Constitution is the circular dated July 14, 1988 whereby the Haryana Government had granted Professor's grade of Rs. 4500-7300 to the Principals or Government and non-Government Colleges who had put in a total service of twenty-five years on the ground that the same is arbitrary and violative of Article 14 of the Constitution as it puts premium on length of service at the cost of merit.

(2.) Petitioner was appointed as Lecturer in English on February 1, 1963 in Jat College, Rohtak. He was then appointed Principal of Haryana War Heroes Memorial College, Gohana in August, 1968. This Institution was taken over by the Haryana Government in August, 1980 and, thereafter, he was shifted-appointed Principal of Government College, Gohana with effect from 12.2.1981. He retired as Principal of Government College, Jind in April, 1991. His name appears at Sr. No. 11 in the gradation list of Haryana Education Service Class-I Officers (College Cadre) as it stood on January 1, 1987.

(3.) The University Grants Commission revised the pay scales of teachers of Universities and Colleges with effect from January 1, 1986 and the State of Haryana accepting the recommendations of the Commission revised the pay scales of Lecturers and Principals. The Principals were granted the scale of Rs. 3700-5700. He was further provided that the post of a Principal would be kept in the Professor's grade only in those Colleges which fulfilled the conditions mentioned in the letter granting the revised scales. The State Government also provided that only those Principals would qualify for the Professor's grade who had atleast 20 years of total teaching experience. By the impugned circular letter of July 14, 1987 the condition of twenty years of service to get the Professor's grade was altered and the requisite teaching experience was increased to 25 years and the said grade was granted to such Principals with effect from January 1, 1986. The petitioner completed his twenty-five years of teaching experience on 1.2.1988 and was given the Professor's grade with effect from this date. He has now challenged the impugned circular letter on the sole ground that the condition of 25 years of teaching experience for earning Professor's grade is arbitrary and violates Article 14 as it has the effect of giving higher scale of pay to a junior who may have completed 25 years of teaching experience but denies this grade to a senior who may not have the requisite service. It was also contended that this inflexible provision puts a premium on experience as against merit. The argument is that meritorious Lecturers who are selected as Principals with lessor experience would be at a disadvantageous position as compared to those who may complete the twenty-five years experience in routine. I find force in this submission.