STATE OF HARYANA Vs. RAI CHAND JAIN
LAWS(SC)-1997-4-14
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on April 21,1997

STATE OF HARYANA Appellant
VERSUS
RAI CHAND JAIN Respondents

JUDGEMENT

- (1.) Substitution allowed.
(2.) Leave granted. We have heard counsel on both sides.
(3.) These appeals by special leave arise from the judgment and order dated 2-11-1993 of the High Court of Punjab and Haryana made in CWP No. 13493/91 and batch. It is not necessary to narrate all the factual details. Suffice it to state that the respondents claim payment of salary in the selection grade pay-scales which the High Court has granted them. While we have taken the matter for final disposal, Shri Pankaj Kalra, learned counsel for the respondent has brought to our notice the order issued by the Government on August 20, 1996 signed by the Joint Secretary (Finance), for Financial Commissioner and Secretary to Government, Haryana, Finance Department which reads as under: "I am directed to invite your attention to the subject noted above and to say that prior to 1-4-79 the Selection Grade to Group C and D Category employees was admissible on the basis of the number of permanent posts in a particular cadre and later on, till 1-1-86, the date on which this practice was altogether abolished, for determining the number of the Selection Grade posts, the temporary posts in existence for the preceding three years were taken into account. CWP No. 2143 of 1994 and 11255 of 1995 were filed in the High Court by some teachers of the Education Department and while disposing these off, Honble High Court directed to grant the selection grade on the basis of total strength, including permanent and temporary posts, with all consequential benefits, to the petitioners. Thus the employees of the Education Department have already been granted this benefit as per the judgment. The Government has, therefore, decided that the selection grade wherever available prior to 1-1-86 may be worked out on the basis of total strength including permanent and temporary posts and all consequential benefits including arrears of 38 months preceding the date of such decision, be allowed to eligible employees." ;


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