- (1.) By this common judgment, Civil Writ Petition No. 16038 of 1998; 1116 of 1999 and 961 of 2000 can conveniently be disposed of together as the facts in all these writ petitions are identical. We are taking the facts from Civil Writ Petition No. 16038 of 1999.
(2.) The petitioners were appointed in the Haryana Education Service Class-II (School Cadre) by way of direct recruitment. They were promoted to H.E.S. Class I in School Inspection Cadre from different dates given below. JUDGEMENT_207_LAWS(P&H)7_2000(1).html All of them have since retired. They had joined service in the erstwhile State of Punjab. The Punjab Education Service Class II was a unified cadre consisting of Senior Lecturers, Assistant Directors, Principals of Higher Secondary Schools and district Inspectors. The said cadre was consisting of members of the teaching staff of schools as well as colleges. In the year 1961, the Punjab Education Service Class-II was bifurcated into two separate cadres, namely, School Inspection Cadre and College Cadre, and separate seniority lists were framed. This Court had quashed the said bifurcation of the cadre. From 1.11.1966, the State of Haryana had been carved out. The Government of Haryana revised the pay scale of Rs. 700-1100 in school side. There was no corresponding provision in the college cadre. A writ petition was filed and in that writ petition this Court directed that same pay scale should be given to members of the service in the college cadre. Vide order dated 24.2.1988, the pay scale of Class I and Class II officers in college side were revised w.e.f. 1.12.1985 and Class II officer were granted the pay scale of Rs. 1200-1840 while Class-I officers were granted the pay scale of Rs. 1200-1900 in the college side from 1.12.1985. In the School Cadre, Class-II officers were granted the pay scale ofRs. 1200-1700 and Class-I Officers were given the pay scale of Rs. 1200-1860. The said order was challenged and this Court in the case of Pushpa Abrol etc. v. State of Haryana, 1991(4) Services Law Reporter 765, had allowed the writ petition. The petitioners stated that Letters Patent Appeal was also dis- missed. This Court directed that upto 11.4.1986, Class I and Class II officers of the School Cadre as well as College Cadre should be treated at par. The petitioners claimed that, in view of the said decision, they were entitled to the similar treatment and they should be granted the pay scale of Rs. 3700-5700 w.e.f. 1.1.1986 as has been done in other cases.
(3.) In the written statement filed, pleas have been controverted. It has been asserted that the petition is highly belated. Furthermore, it is the case of the respondents that the petitioners belong to the cadre of School and Inspection side and retired as HES-I. They have no parity with that of College Teachers because, as per provision of Clause-II of University Grant Commission notification dated 27.1.1976, the revised pay scales granted to the officers of College Cadre were not admissible to Class-II officers of Schools Cadre. The seniority of Class-II officers of School and College Cadre was common upto 11.4.1986. Thereafter, new rules governing the officers of College Cadre came into being, but their qualifications and mode of recruitment were different. Their nature of work, pay scale and avenue of promotion are also different. It had been asserted that in the erstwhile State of Punjab, Punjab Education Service Class-II was a combined cadre of Class-II officers consisting of Senior Lecturers borne on college side and Deputy District Education Officers and Principals of Government Higher Secondary Schools working on school and inspection side. The service conditions of the same were governed as per rules known as Punjab Education Services (Class-II) Rules, 1934. After the State of Haryana was formulated, on 5.1.1968 the Government revised the pay scales of teachers working in schools on ihe recommendations of the Kothari Commission w.e.f. 1.12.1967. The action of the government releasing the pay scales of Rs. 700-1100 from earlier dates to the officers working on school and inspection side was challenged on the ground that they should be released the grade of Rs. 700-1100 from the dates their juniors working on the School and Inspection side have got it. Meanwhile, on fhe recommendation of the U.G.C., the pay scales of Lecturers Senior Lecturers were revised to Rs. 700-1600 w.e.f. 1.1.1973 vide government order dated 27.1.1976. According to this sanction, higher qualifications for the post of college teachers were also fixed on 17.3.1978. The Government also conferred Class-11 Gazetted status to the Lecturers in Government Colleges. It is denied that the petitioners are entitled to the benefit of decision in Smt. Pushpa Abrol's case, referred to above, and pointed out that this Court on 28.9.1995 limited the judgment dated 7.6.1991 to the extent that the relief granted to the petitioner would be limited only upto April 11, 1986.;