LAWS(P&H)-1995-8-171

SNEH LATA SINGLA Vs. STATE OF HARYANA

Decided On August 20, 1995
SNEH LATA SINGLA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Petitioner has been working as Hindi Teacher since 11.10.1984 in a privately managed aided school. She was granted the Masters' grade i.e. Rs. 1400-2600 with effect from May 1990. However, in October, 1993 the above grade was withdrawn and she was put in the lower grade of Rs. 1200-2040 by giving reference to the guidelines contained in memo dated 28.5.1993 issued by the Director, Secondary Education, Haryana, Chandigarh, Annexure P-1. This was undisputedly done without giving an opportunity of hearing to the petitioner. Aggrieved by the above action of the respondents, the petitioner made representations to the respondent-authorities by giving reference of two judgments of this Court in C.W.P. 5354 of 1991 decided on 19.8.1994 and C.W.P. 876 of 1988 decided on 24.3.1994. No action was, however, taken by the respondents in this behalf and this compelled the petitioner to approach this, Court through the instant petition.

(2.) In response to notice of motion, only respondent No. 1 put in appearance and filed reply.

(3.) After hearing learned counsel for the parties, we are of the opinion that this petition deserves to succeed." Admittedly, the petitioner possesses degrees in Master of Arts (Hindi), Prabhakar and Bachelor of Education and she has been working in D.D. Aggarwal Senior Secondary School, Jagadhari which is a privately managed aided school. Some time back, the Junior Basic Training Teachers in Privately Managed Aided Schools in Haryana, who had acquired higher qualification while continuing in service, approached this Court by filing C.W.P. Nos. 5354 of 1991 and 10324 of 1992 for a direction to the State Government to grant them the higher scales of pay as was being admissible to their counter-parts in government schools. The plea of those teachers was accepted and accordingly by an order dated 19.8.1994 rendered in the aforesaid writ petitions, this Court directed that the said teachers would be entitled to the same scales of pay and privileges as are available to their counter-parts in government schools. Against the aforesaid decision of this Court, State of Haryana filed Special Leave Petition. The apex Court finding no infirmity with the judgment of this Court, dismissed the appeal and the judgment of the Apex Court in this behalf is State of Haryana & Ors. v. Rajpal Sharma & Ors.,1996 4 SCT 75: Judgment Today 1996 6 S.C. 710.