R.S. Mongia, J. - (1.) Brief facts of the case leading to the present writ petitions may be noticed.
(2.) Petitioner joined Mukund Lal National Senior Secondary School, Radaur, District Yamunanagar on 20.7.1984 as a Hindi Teacher on regular basis. The School is a privately managed aided School. The approval of appointment of the petitioner was made by the Director of School Education, Haryana, on 13.3.1985. The copy of the same has been appended by the petitioner as Annexure P-7. The grievance now made in the petition is that on the revision of the pay scale of the various teachers including Hindi teachers, the petitioner has not been given the benefit of the revision of pay scale. This led the petitioner to file the present writ petition.
(3.) Notice of motion was issued. Reply has been filed. The official respondents, in the written statement, have stated thus:- "In the present civil writ petition, the petitioner has prayed for the issuance of a writ of mandamus directing the respondents to grant the pay scale of Rs. 1400-2600 with effect from 1.5.1990 and Rs. 5500-9000 with effect from 1.1.1996 and all other consequential benefits. It is submitted that the services of the petitioner are governed under Section 40 of Haryana Aided Schools (Security of Service) Act, 1971 and Rules of 1974. The instructions dated 23.8.1990 regarding grant of modified garde of Rs. 1400-2600 issued by the Haryana Govt, were applicable to only such Language Teachers who possessed the qualification prescribed for the post of Hindi Teacher are Prabhakar O.T. in Hindi. The petitioner, however, possessed the qualification of M.A. in Hindi and B.Ed. and was appointed as Hindi teacher by the Managing Committee of Mukand Lal National Senior Secondary School, Radaur by obtaining sanction of the Director of School Education Haryana, Chandigarh in relaxation of the qualification as provided in Rule 45 of Haryana Aided Schools (Security of Service) Act, 1971 and Rules of 1974, which is reproduced below for the kind perusal of this Honble High Court:-Rule 45. "It at any time sufficient number of persons having the required qualifications mentioned in column 3 of Appendix A to these rules prescribed under Rule 6 are not available for recruitment to the service, the Director of Public Instruction, Haryana, may by order, release the provisions of the said rule with respect to any class or category of person." Since the petitioner does not possess the qualification prescribed for the post of Hindi Teacher i.e. Prabhakar O.T., she is not eligible for the grant of modified grade of Rs. 1400-2600 with effect from 1.5.1990 and Rs. 5500-900 with effect from 1.1.1996. The writ petition deserves to be dismissed on this score alone.";