SHIV NATH TIWARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are working as teachers/ Science Masters in privately managed schools of Haryana. They have approached this Court through the instant petition filed under Article 226 of the Constitution for quashing order dated 1.5.2006 (Annexure P.5) passed by the Commissioner-cum-Director General School Education, Haryana declining their prayer regarding release of medical allowance. The impugned order dated 1.5.2006 reads as under:

(2.) It is thus obvious that apart from placing reliance on the judgement of the Supreme Court in the case of State of Haryana v. Champa Devi , the Commissioner also placed reliance on Rule 91(5) of the Haryana School Education Rules, 2003. The petitioners had prayed that the afore-mentioned rule be also declared as ultra vires of the Constitution in as much as it comes into conflict with the directions issued to prepare a scheme for grant of the afore-mentioned allowance. It is appropriate to mention that the petitioners have claimed fixed medical allowance as per the circular issued by the Finance Department on 17.12.2004 (Annexure P.1) which has raised the amount from Rs. 125/- p.m. to Rs. 250/- p.m. w.e.f. 1.12.2004.

(3.) We have heard the learned Counsel at a considerable length and regret our inability to accept his submissions because in the case of Haryana State Adhyapak Sangh v. State of Haryana 1990 (Supp) SCC 306 it has been held that the teachers/ masters working in privately aided schools must be paid the pay scales and dearness allowance as teachers in government schools for the entire period and the expenditure is to be apportioned between the State and the management in the same proportion in which they share the burden of emoluments of the teachers. The State Government, however, was not held liable to pay other allowances. Thereafter clarificatory application was filed on 21.2.1990 and the Hon'ble Supreme Court clarified and explained the view taken in 1988 in para 9 of the judgement in the case of Haryana State Adhyapak Sangh (supra) and the directions issued in 1988 for bringing parity of teachers of various privately aided schools and the teachers of government schools a committee was constituted under the Chairmanship of the Finance Minister. In the concluding part of para 10, the Hon'ble Supreme Court has summed up as under: