SHAM SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were employed to work as Parttime Instructors under the Non-formal Education Scheme. They worked for different intervals of time. The scheme was abolished with effect from April 1,1989. The petitioners claim that they are entitled to the payment of the salary in the scale of Rs.1200-2040 for the period they had actually performed the duties. They place reliance on a decision of their Lordships of the Supreme Court in Jai Pal Singh vs. State of Haryana, 1988 AIR(SC) 1504and on the decision of a Division Bench of this Court in CWP No. 12755 of 1989 decided on January 23,1990. On behalf of the respondents, it has been stated that the petitioners claim is not covered under the instructions issued by the Government vide its letter dated Jury 4,1989.

(2.) Counsel for the parties have been heard. It has not been shown that the case of the petitioners is materially different from the one decided by the Division Bench on January 23, 1990. In view of the decision of the Division Bench, the petitioners have to be given the limited relief regarding their entitlement to the payment of arrears of salary in the scale of Rs.1200-2040.

(3.) Accordingly, the writ petition is allowed to the extent that the petitioners salary shall be fixed in the pay scale of Rs.1200-2040. The arrears of salary found due shall be paid to them within three months from the date of receipt of a copy of this order. No costs.