- (1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 10.11.2010 rendered by learned Single Judge holding that the non-teaching employees working in the non-Government private aided schools would be entitled to the benefit of Haryana Civil Services (Assured Career Progression)Rules, 1998(for brevity "the Rules") framed by the appellant -State under Proviso to Article 309 of the Constitution which were notified on 7.1.1998.
(2.) The 'Rules' incorporate the principles laid down in various judgments delivered by Hon'ble the Supreme Court laying down that a large number of employees keep on stagnating on one post and some times they retired from the same post. Firstly a thinking developed on the part of the Central Pay Commission, then these principles have been followed by enacting 'Rules' or instructions. In the wake of various judgments of Hon'ble the Supreme Court rendered in the cases of Council of Scientific & Industrial Research v K.G.S.Bhatt 1989(4) SCC 635 and O.Z.Hussain (Dr.) v Union of India 1990 Supp. SCC 688. In K.G.S. Bhatt's case their Lordships of the Supreme Court although found some sustainable arguments advanced by the CSIR to set aside the order of the Central Administrative Tribunal yet it refused to grant relief. The Tribunal had directed the CSIR to consider and promote its employees despite the fact that there was no specific provision in the bye-law 71(b)(ii) of the CSIR. The basic reason probably for that thinking is discernible from the perusal of para 9 of the judgment, which reads as under:- " XXX XXX XXX XXX This is indeed a sad commentary on the appellant's management. It is often said and indeed, adroitly, an organisation public or private does not 'hire a hand' but engages or employs a whole man. The person is recruited by an organisation not just for a job, but for a whole career. One must, therefore, be given an opportunity to advance. This is the oldest and most important feature of the free enterprise system. The opportunity for advancement is a requirement for progress of any organisation. It is an incentive for personnel development as well. Every management must provide realistic opportunities for promising employees to move upward. "The organisation that fails to develop a satisfactory procedure for promotion is bound to pay a severe penalty in terms of administrative costs, misallocation of personnel, low morale, and ineffectual performance, among both non-managerial employees and their supervisors". There cannot be any modern management much less any career planning, manpower development, management development etc. which is not related to a system of promotions. The appellant appears to have overlooked this basic requirement of management so far as respondent 1 was concerned till NR & AS was introduced."
(3.) The catalyst approach developed in K.G.S. Bhatt's case to further was given a fillip when in O.Z. Hussain's case this proposition was put even more profoundly linking promotion and efficiency. In para 8 of the judgment the aforesaid view has been expressed which reads thus:- "This writ petition is allowed and the following directions are issued:- 1. Within four months from today, the Ministry of Health and Family Welfare of the Union of India shall frame a set of appropriate rules, inter alia, providing suitable promotional avenue for the 'A' Group scientists in the non-medical wing of the establishment of Director General of Health Services; (2) These 'A' Group scientists shall be entitled to book allowance, higher degree allowance, risk allowance and conveyance allowance at the same rate as is admissible to doctors in the medical wing in the Directorate w.e.f. April 1, 1989; (3) Government shall examine the tenability of the claim of equal pay scales for this category of officers within four months from today.";