State Of Haryana And Others v. Harbans Lal And Others

Order

1. Leave granted.

2. The direction of the High Court granting relief in favour of JBT teachers for the State of Haryana is the subject-matter of challenge in these appeals. The High Court appears to have followed the earlier decision of this Court in the case of Chaman Lal v. State of Haryana (1987) 3 SCC 113, (1987) 3 ATC 779. The question of law involved in these appeals was directly the subject-matter of consideration in the case of Wazir Singh v. State of Haryana 1995 Supp (3) SCC 697, (1995) 31 ATC 774. This Court in Wazir Singh case 1995 Supp (3) SCC 697, (1995) 31 ATC 774 has taken notice of the earlier judgment of Chaman Lal (1987) 3 SCC 113, (1987) 3 ATC 779 as well as the subsequent notification of the Government of Haryana dated 9-3-1990, and came to the conclusion that those of the JBT teachers, who have acquired BT/BEd qualification before issuance of the circular on 9-3-1990, would be entitled to get the benefit of Part 2 of the Punjab Government letter dated 23-7-1957, and they would automatically be entitled to higher scale of pay, but those others, who have acquired the said qualification subsequent to the policy dated 9-3-1990, their case would be governed by the subsequent circular of 9-3-1990, and as such they would not get the higher scale of pay automatically. These appeals are disposed of accordingly in terms of the aforesaid decision of this Court.