RAMESH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are working as teachers in the Education Department pray for the issue of writ in the nature of mandamus directing the department to treat them ''at part with Sanskrit teachers...'' A few facts may be noticed.

(2.) The petitioners belong the cadre of classical and vernacular teachers which is a part of the Punjab Educational Service Class III, School Cadre. They had joined service on different dates during the period from December 8, 1952 to January 1, 1980. The petitioners claim that all teachers belonging to the classical and vernacular cadre are entitled to parity in the matter of pay scales. However, the State Government vide letter dated May 4, 1968 decided to treat persons teaching Sanskrit as a distinct class and awarded them a higher scale of pay. Resultantly, all persons teaching Sanskrit who possessed the qualification of Shastri with one year's O.T. diploma were placed in the scale of Rs. 220-400 with a selection grade of Rs. 400-500 for 15% of the posts. As against this, the other members of the classical and vernacular cadre remained in the scale of Rs. 125-250. The petitioners allege that this action of the department is arbitrary and violative of Article 14 of the Constitution. Still further, the petitioners state that five of them viz. petitioner Nos. 1, 4, 9, 12 and 14 possess the qualifications of B.A. and O.T. As such, they have a right to be treated at par with the Sanskrit teachers who possess the qualification of Shastri with one year's O.T. diplome. On the basis of these facts, the petitioners pray that the department should be directed to treat them at par with the Sanskrit teachers.

(3.) The respondents contest the claim made by the petitioners. It has been inter alia pointed out that the claim made by the petitioners is highly belated. In any case, the respondents point out the matter is concluded by the decision of the Division Bench in LPA No. 1 of 1982 decided on July 28, 1982. This decision is State of Haryana v. Jagdish Singh,1982 3 SLR 58