- (1.) The present writ petition will dispose of three writ petitions, viz., CWP No.4741 of 1995, CWP No.4104 of 1995 & CWP No.16559 of 1994. For disposal of the writ petitions, facts have been taken from CWP No.4741 of 1995.
(2.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorarti for quashing the offensive part with regard to 'Regular' as appearing in para 1(i) of Government letter dated 07.08.1992 (Annexure P-3) and subsequently, the issuance of the Government letter dated 14.06.1994 (Annexure P-4) being discriminatory and violative of Articles 14 & 16 of the Constitution of India. Further prayer is for issuance of direction to the respondents in the nature of writ of mandamus to give the benefit of additional increment in terms of Government letter dated 07.08.1992 by adding the ad hoc service rendered by the petitioners before their regularization.
(3.) The petitioners are working as Teachers/Masters/Mistresses etc. in the Haryana Education Department as regular appointees and had been working earlier in the Government Schools as ad hoc appointees and without any break in service, details of their regularization are mentioned in Annexure P-1. It has been averred that the Haryana Government, vide letter dated 14.05.1991 decided to grant one increment at the 10 th and others at 20 th year point in the time scale as applicable from 01.01.1986 to all Group 'C' & 'D' employees in addition to normal increments. While granting this benefit, the ad hoc services rendered by the employees prior to their regular appointment was also taken into account because ad hoc service was counted towards increments under this rule. Vide subsequent letter dated 07.08.1992, benefit of additional increment to Group 'C' & 'D' employees on completion of 8 & 18 years of regular satisfactory service with effect from 01.07.1992 was granted in addition to the earlier scheme dated 14.05.1991. The Haryana Government vide letter dated 07.08.1992, granted the benefit of additional increment to Group 'C' & 'D' employees on completion of 8 & 18 years of regular satisfactory service with effect from 01.07.1992 and this benefit of additional increment was in place of the old scheme and the employees who had got the benefit under the old scheme were not entitled to get the benefit under the new scheme because the said benefit was admissible on completion of 8 & 18 years of regular satisfactory service whereas under the old scheme, it was admissible on completion of 10 & 20 years of service including the ad hoc service. This exclusion of ad hoc service while counting of completion of 8 & 18 years of service have been clarified in the subsequent letter dated 14.06.1994 wherein it had been mentioned that the period of service (intermittent or continuous) on ad hoc basis of an employee immediately preceding his appointment on regular basis is not to be counted for counting of completion of 8 & 18 years of service for eligibility of grant of additional increment. In the written statement filed by the State, it has been justified that in case the petitioners are granted additional increment after counting of their ad hoc service then senior employees appointed on regular basis would be deprived of this benefit and it would lead to heart burning. Therefore, period of ad hoc service had rightly been excluded from the scheme.;