Smt. Parkash Kumari vs The State Of Haryana And Others on 23 April, 2009

CWP No. 16776 of 1992                                      (1)

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                          Date of Decision: 23.4.2009

(i)     CWP No. 16776 of 1992

        Smt. Parkash Kumari                                ......Petitioner

              Versus

        The State of Haryana and others                    ......Respondents

(ii)    CWP No. 340 of 1992

        Gurbachan Lal                                      ......Petitioner

              Versus

        State of Haryana and others                        .......Respondents

(iii)   CWP No. 3476 of 1994

        Rajinder Kumar and another                         ......Petitioners

              Versus

        The State of Haryana and others                    .......Respondents


CORAM:        HON'BLE MR. JUSTICE HEMANT GUPTA.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Present: None for the petitioners.

Shri Deepak Girotra, AAG, Haryana.

HEMANT GUPTA, J (Oral).

This order shall dispose of Civil Writ Petition Nos. 16776 of

1992; 340 of 1993 and 3467 of 1994, as the common questions of law and

facts are involved in these writ petitions.

CWP No. 16776 of 1992 (2)

The grievance of the petitioners is that the selection grade was

not granted to them, even though the petitioners joined the duties prior to

1.10.1957. It is the case of the petitioners that they joined Local

Body/District Board Schools prior to 1.10.1957 i.e., the date when the

Schools in the State of Haryana, were provincialised. Instructions were

issued to grant selection grade to such teachers who had completed 18

years of service as on 1.10.1974. The issue is whether the service rendered

by the petitioners prior to 1.10.1957 is required to be taken into

consideration for the grant of selection grade.

The issue raised in the present writ petition is concluded by a

Division Bench judgment of this Court rendered in Ram Lal and others v.

State of Haryana and others (CWP No. 3706 of 1992 decided on 1.10.1992),

wherein the petitioners were allowed benefit of grant of selection grade in

terms of instructions dated 27.2.1975.

Consequently, the present writ petitions are allowed in the same

terms as in CWP No. 3706 of 1992 (supra).

(HEMANT GUPTA)
JUDGE
23.4.2009
ds