MANJU BALA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the impugned order dated 24.5.2011 (Annexure P-12), whereby the claim of the petitioner for grant of minimum pay scale on revision of pay scales w.e.f. 1.1.2006 has been rejected on the ground that the petitioner was working on contract basis.

(2.) Mr.Anurag Goyal, learned counsel appearing on behalf of the petitioner submits that in pursuance to the advertisement promulgated by the State for inviting applications for appointment to the posts of Lecturer, Master, Mistresses and Teachers on a consolidated salary of Rs. 5,000/- per month for Lecturer, Rs. 3,500/- per month for Masters/Mistresses and Rs. 2,000/- per month for J.B.T. Teachers, the petitioner submitted an application and after getting interviewed by the duly constituted selection committee, was appointed as J.B.T. Teacher on the consolidated salary of Rs. 2,000/- per month, which is evident from the appointment letter dated 31.12.1997 (Annexure P-1). On 20.2.1999, the services of the petitioner were dispensed with. In compliance to the orders dated 13.2.2003 passed in CWP No.2434 of 2003, the petitioner was reappointed on the terms and conditions enumerated in the first appointment letter and the period between the first relieving and the appointment thereafter was considered as break period without any pay. The petitioner joined and continued to draw consolidated salary of Rs. 4,500/- per month. However, after the introduction of Haryana Civil Services (Revised Pay) Rules, 1998, the functional revised pay scale of the J.B.T.Teachers was fixed as Rs. 4500-7000.

(3.) Learned counsel for the petitioner further submits that since the petitioner was getting a minimum pay scale on reappointment and on revision of the pay scales w.e.f. 1.1.2006, she is entitled to minimum pay scale of Rs. 6500-10500. He further submits that the embargo in the rules would not come to the aid of the State for the reason that the petitioner was getting the minimum pay scale on the ground of appointment in view of the law laid down in Polu Ram and another Versus State of Haryana & another, decided on 17.4.1998.