AMAR SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioners under Articles 226 and 227 of the Constitution of India and in this petition the petitioners have prayed for a direction to the respondents to grant the petitioners higher pay scale of D.P.E. from the dates of acquiring their higher qualification as per policy letter dated 2.11.1968 and in view of the judgment and order dated 16.8.1991 passed by the Hon'ble Supreme Court in Writ Petition No. 1198 of 1987, Ram Partap Yadav v. Union of India and others.

(2.) Mr. Jindal, the learned counsel appearing on behalf of the petitioners submits that all the petitioners are working as NDS Instructors and all of them are Graduates and have received NDS training followed by the Re- orientation Training prescribed for the purpose under the National Fitness Corps Programme by the Central Government. He, therefore, contends that they should be treated equivalent to the Post Graduate Diploma Holders in Physical Education and they should be given the benefits of higher scale as contained in the letter dated June 21, 1991 issued by the Ministry of Human Resources Development, Government of India, New Delhi. The learned counsel further submits that the point raised in this writ petition is fully covered by a Division Bench judgment of this Court in Civil Writ Petition No. 4527 of 1997 Rajinder Singh and others v. Secretary, Ministry of Education and Social Welfare, Government of India, New Delhi, decided on 5.11.1997.

(3.) Mr. Khanna, the learned AAG, however, submits that the averments made in the writ petition have been controverted in the written statement filed on behalf of respondents No. 1 and 3. The learned counsel for the respondents, however, could not controvert the judgment relied upon by the learned counsel of the petitioners stated herein above. In view of the Division Bench judgment passed by this Court in the case of Rajinder Singh I am of the view that the point raised in the present case is fully covered by the said judgment. Accordingly, the writ petition is allowed in terms of the judgment dated 5.11.1997 passed by this Court in the case of Rajinder Singh and it is held that the petitioners who are working as NDS Instructors and are Graduates and have received NDS Training followed by Re-orientation Training prescribed for the purpose under the National Fitness Corps Programme, would be treated equivalent to the Post Graduate Diploma Holders in Physical Education and consequently they shall be entitled to the benefit contained in the letter dated June 21, 1991 issued by the Ministry of Human Resources Development. Accordingly, the respondents are directed to fix the salary of the petitioners within six months from today in terms of the above mentioned letter dated June 21, 1991. This order is, however, subject to the condition that the petitioners shall satisfy the authority concerned that they in fact are working as NDS Instructors and are Graduates and have received NDS Training followed by the Re-orientation Training under the National Fitness Corps Programme by the Central Government. I further direct that the arrears on account of fixation of the salary shall be limited to the period of three years and two months preceding the date on which the writ petition was filed.