CHANCHAL VOHRA (SMT). Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition by two persons, Smt. Chanchal Vohra and Smt. Pushpa Arora, under Articles 226 and 227 of the Constitution for quashing the order dated June 16, 1994 whereby the pay scale of Rs. 1400-2600 was ordered to be given only to those Hindi teachers who possessed the qualification of Prabhakar with O.T. (Oriental Training) and J.B.T.

(2.) The petitioners possessed the qualifications of M.A. in Hindi and B.Ed. Petitioner No. 1 was appointed as a Hindi Teacher, Classical and Vernacular (C&V) in the pay scale of Rs. 480-760.00 by order dated July 5, 1984. Petitioner No. 2 was also appointed as Hindi Teacher in the aforesaid pay scale by order dated Sept. 4, 1987. Both of them had been appointed by the Managing Committee of Shri Viveka Nand High School (for short, "the School") after seeking permission from Director, Secondary Education, Haryana Government. Qualifications for the post of Hindi Teacher at that time were matriculation and Prabhakar with O.T. Both the petitioners possessed qualifications which were much higher than the prescribed qualifications. Rule 45 of the Haryana Aided Schools (Security of Service) Rules, 1974 permitted relaxation in qualification if eligible persons were not available for appointment as teachers. Both the petitioners were appointed under that Rule on having been selected after advertisement by a Selection Committee of the School. They were confirmed in the service after probation period.

(3.) The pay scale of Rs. 480-760 payable to the C&V teachers was revised to Rs. 1200-2040 with effect from Jan. 1, 1986. Petitioners were granted the revised scale with effect from Jan. 1, 1986. The pay scale of Rs. 1200-2040 was further modified to Rs. 1400-2600 with effect from May 1, 1990. This scale was also granted to the petitioners but with effect from May 1, 1991.