Shashi Sharma And Others vs State Of Haryana And Others on 7 August, 2009

         Civil Writ Petition No.2409 of 1996               -1-

     IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                       Civil Writ Petition No.2409 of 1996(O&M)
                       Decided on : 07-08-2009



Shashi Sharma and others
                                                      .... Petitioners

                       VERSUS

State of Haryana and others

                                                    .... Respondents


CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL.


Present:-   Mrs. Anu Chatrath, Advocate,
            for the petitioners.

            Ms. Kirti Singh, A.A.G., Haryana,
            for respondent Nos.1 to 3.

            Mrs. Maninder Kaur, Advocate,
            for respondent Nos.4 to 8.
                       ...

SATISH KUMAR MITTAL, J (Oral).

Petitioners No.1 to 27, who were appointed as Lecturers

on contract basis in various Privately Managed recognized Senior

Secondary Schools in the State of Haryana, have filed this petition

under Article 226 of the Constitution of India for issuing direction to

the respondents to grant them the same pay-scales, which are being

given to their counterparts working on regular basis in the

Government Schools. The petitioners were appointed on contract

basis by respondents No.4 to 8-Management of Schools against
Civil Writ Petition No.2409 of 1996 -2-

non-sanctioned un-aided posts on fixed salary.

During the course of hearing, counsel for the petitioners

and respondents No.4 to 8 have agreed that this petition may be

disposed of with a direction to respondent No.1 i.e. Secretary

Education, Haryana, Chandigarh to decide the claim of the

petitioners, while taking into consideration the decision of this Court

in Rajni Vali Vs. Chandigarh Administration (C.W.P. No.14612 of

1993, decided on 1.12.1995), that in spite of the fact that they are

working on contract basis on fixed salary against unaided posts,

whether they are still entitled for the regular pay scales, which are

being granted to their counterparts working in the Government

Schools. Counsel for respondents No.1 to 3 has no objection if this

petition is disposed of with the aforesaid direction.

In view of above, this petition is disposed of with a

direction to respondent No.1 to consider the aforesaid issue

expeditiously, after providing an opportunity of hearing to the

petitioners, preferably within a period of three months.

7th August, 2009                    (SATISH KUMAR MITTAL)
vkg                                          JUDGE