- (1.) It is defendants' second appeal against the concurrent findings recorded by both the learned courts below, whereby suit for declaration with consequential relief filed by the plaintiffs-respondents, was decreed.
(2.) Brief facts of the case, as recorded by the learned first appellate court in paras 3 and 4 of the impugned judgement, are that respondents plaintiffs (hereinafter referred to as the plaintiffs) instituted a suit before learned trial court with material averments that they have retired from Education Department Haryana as HES-Class II as Principal and DEO, Rewari, respectively. Kishan Lal Sharma, retired Principal, Govt. Senior Secondary School, Dharuhera was junior to them in HES Class-II. He was promoted from Headmaster from Govt. High School, Nandrampur Bas from the scale of Rs.2000-3500, HES Class-III to Principal, Govt. Senior Secondary School, Dharuhera in the pay scale of Rs.200-4000, Group B vide Financial Commissioner and Secretary, Haryana Govt. Education Department, Chandigarh order dated 13.7.1992. The said Kishan Lal Sharma joined in category B as Principal on 22.7.1992 in Govt. Senior Secondary School, Dharuhera and was drawing basic pay of Rs.3600/- after availing two additional increments after completion of 8 and 18 years of service, as per Finance Department, Haryana letter dated 14.5.1991. He availed the second additional increment w.e.f. 1.7.1992 and thereafter he was promoted in Group-B category vide order dated 13.7.1992. In Group-B category basic pay of the said Kishan Lal Sharma was in the pay scale of Rs.2200-4000 and was fixed at Rs.3700/- w.e.f. 22.7.1992, whereas the plaintiffs who were senior to Kishan Lal Sharma were drawing less basic pay. The plaintiffs preferred representations to the department to enhance/step up their basic pay and make it at par that of Kishan Lal Sharma, who was junior to them and was promoted in category-B and as such was drawing more basic pay than the plaintiffs. But the department did not pay any heed to their representation,which necessitated them to file the suit. On these material averments, the plaintiffs prayed that a decree of declaration to the effect that basic pay of the plaintiffs was liable to be fixed at par with their junior Kishan Lal Sharma, a retired Principal, Govt. Senior Secondary School, Dharuhera alongwith all consequential benefits of service with interest at the rate of 25% per annum on the arrears due, till payment, be passed in their favour and against the defendants.
(3.) The appellants/defendants (hereinafter referred to as the defendants) put up appearance on notice and filed joint written statement and controverted the pleadings of the plaintiffs in toto by taking several preliminary objections, inter alia as to locus standi, maintainability and cause of action of the plaintiffs filed the suit against the defendants.;