H L AGNIHOTRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioners have prayed for a writ in the nature of mandamus, for direction to the respondents to grant benefit of merit promotion scheme to the petitioners in accordance with the original policy Annexure P.3.

(2.) Vide order dated 11.4.1986 (Annexure P.2), the Government of Haryana introduced merit promotion scheme for teachers of Government Colleges and University Colleges w.e.f. 1.1.1986. In Annexure P.2 one of the conditions for these teachers to make them eligible for benefit under this scheme was that they must have put in 12 years' service as a lecturer. This scheme was extended to the teachers of Government-aided private colleges vide orders dated 15.5.1987 copy of which is Annexure P.3. In Annexure P.3, there is no mention of the condition that such teachers should have put in 12 years of service as Lecturer though certain other conditions mentioned in Annexure P.2 have been mentioned in Annexure P.3. Vide Annexure P.3, the Principals of the Colleges concerned were directed to prepare the proposal for grant of selection grade to the teachers working in Government-aided colleges. Subsequently vide Annexure P.5, the Government introduced a different conditions for the Lecturers working in private-aided colleges to the effect that they must have put in 20 years of regular service as Lecturer in a College on 1.12.1985. This minimum period of regular service was, however, reduced to 16 years vide orders dated 1.6.1989 (Annexure P.6).

(3.) Mr. Surya Kant, learned counsel appearing on behalf of the petitioners submits that the scheme was made applicable to the Lecturers working in Government-aided colleges on 15.5.1987 vide Annexure P.3 and since the condition of having put in 20 years/16 years of service as Lecturer was not incorporated in that order, the petitioners cannot be discriminated qua teachers working in Government colleges inasmuch as vide Annexure P.2, Lecturers working in Government colleges were required to put in 12 years service as Lecturer.