SUSHILA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner claims that she is entitled to the grant of Master's scale of pay w.e.f. the date of passing the B.A.B.Ed examination. The respondents contest this claim on the ground that vide order dated March 9, 1990, the Government has decided that "the teachers of the Education Department are not entitled to be placed in the higher scales of pay in terms of para 3 of the Punjab Government letter No. 5056- FR-II/57-5600 dated July 23, 1957 or any subsequent letters/notifications issued by the Haryana Government referred to in the preceding paras, which letters have already become inoperative, on their improving/acquiring higher qualifications during the course of their service automatically." Accordingly, it is pleaded that the petitioner is not entitled to the relief claimed by her.

(2.) Counsel for the parties have been heard.

(3.) Admittedly, the validity of the decision dated March 9, 1990 has not been challenged in the writ petition. Faced with this situation, Mr. R.K. Malik, learned counsel for the petitioner states that he may be permitted to withdraw this writ petition with liberty to file a free one so that he can impugn the instructions issued by the Government. Mr. Jaswant Singh, learned counsel appearing for the respondents has no objection.