HARYANA RAJKIYA ADHYAPAK SANGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner is the Haryana Rajkiya Adhyapak Sangh a registered body of J.B.T. teachers working in Government Primary Schools in Haryana. It has filed this petition on behalf of 52 of its members. The prayer made in the writ petition is for the grant of selection grade to its members on their completing 16 years of regular service. The petitioner had earlier filed Civil Writ Petition 1408 of 1995 claiming this relief and the same was disposed of by a Division Bench on 13.10.1995 with a direction to the respondents to consider the claim of each member of the society afresh in the light of the Full Bench judgment of this Court in Civil Writ Petition 15034 of 1993 Rakesh Kumar Singla v. State of Haryana and others, 1995 4 SCT 285. The District Primary Education Officer, Kurukshetra examined the claim of the members of the petitioner-society and rejected the same as per his order dated 9.2.1996. It is against this order that the present petition has been filed.

(2.) I have heard counsel for the parties and they are agreed that the dispute herein is squarely covered in favour of the petitioners and against the respondents by a number for decisions of this Court one of which is Civil Writ Petition No. 2006 of 1996 decided on 13.9.1996. This being so, the petition is allowed on the same terms on which Civil Writ Petition No. 2006 of 1996 was allowed. The respondents are directed to consider the claim of each member of the petitioner-society and grant them the benefit of selection grade on completion of 18 years of regular service after taking into account their ad hoc/temporary service. The necessary orders will be passed within three months from the date of receipt of a copy of this order and the consequential benefits shall also be disbursed to the teachers within two months thereafter. The arrears of salary that may become due to the petitioners will be restricted to a period of three years and two months from the date of filing of Civil Writ Petition No. 1408 of 1995. No costs.