- (1.) Identical question of facts and law are involved in Regular Second Appeal Nos. 711 to 728 of 1989 and, therefore, the same are being disposed of by this single judgment.
(2.) Appellants were appointed JBT teachers in various districts of the State of Haryana on various dates. In pursuance of the recommendation of Kothari Commission, new grades of pay were granted to them in the year 1967 with effect from 5.1.1968. In addition thereto 15% of the teachers were to be granted selection grade. In the year 1972, some new districts in Haryana were created as a result of which, Dadri tehsil of Mahendergarh district was attached with new district of Bhiwani whereas Rewari Tehsil of District Gurgaon was attached with Mahendergarh district. The teachers posted in Dadri and Rewari Tehsils were asked to opt for the District (Bhiwani/Mahendergarh) with a clear condition that in case they opted for the new district, they will lose their seniority and they would be fixed at the bottom. Some of the teachers, therefore, opted for the District to which their tehsil was attached. Most of the teachers who opted for Bhiwani/Mahendergarh District were getting selection grade. Fresh seniority lists were prepared. The teachers who had opted for Mahendergarh district and were getting selection grade were placed on the top of the seniority list on the ground that they were getting higher scale of pay in spite of the fact that they were allowed to opt for the new district on the clear condition that they will be placed at the bottom of the seniority list of the new district irrespective of the fact that they were getting selection grade.
(3.) The selection grade was released on the basis of the number of sanctioned permanent posts and not on the basis of total cadre strength. Besides this, the number of teachers who were getting selection grade and had been transferred to Mahendergarh district was deducted from the number of teachers who had to get selection grade in that district. They agitated the matter through representation and by serving notice under Section 80 CPC. Thereafter, selection grades were granted from various dates vide order dated 15.12.1981. Such teachers had brought civil suits for a decree of declaration to the effect that they were entitled to get the selection grade and other benefits of service w.e.f. 1.12.1967 or 1.11.1969 or 9.8.1973 in pursuance of the recommendation of the Kothari Commission and that the seniority list prepared by the Education Department was liable to be corrected and further that the impugned order dated 15.12.1981 regarding selection grade was liable to be set aside being illegal and void. The suits were contested by the department but were decreed by the trial Court. Appeals were decreed by the department challenging the said judgments and decrees. Some of the plaintiffs had also filed cross-appeals. All these appeals were heard by Additional District Judge, Narnaul and disposed of vide single judgment dated September 5, 1988 thereby disposing the appeals in the following terms :- "It is held that the selection grade is to be given on the basis of total sanctioned strength and not on the basis of permanent posts only. It is also held that the seniority list of 15.4.1973 was not prepared in accordance with the rules and it is null and void and non-operative and the State is directed to prepare a fresh seniority list in accordance with service rules within four months and to release arrears of pay etc., within next two months, on the basis of cominuous length of service i.e. the person joining first would be senior than the person joining later. It is further held that seniority of the persons who have come from Gurgaon district would also be fixed in accordance with the aforesaid rule of continuous length of service. It is also held that the selection grade is to be released on the basis of sanctioned strength and the transfer of teachers who were getting selection grade to district Bhiwani will have no effect on the rights of the private appellants/respondents to get the selection grade on the basis of 15% strength of the cadre and those posts which have gone to Bhiwani will not be counted. It is further held that the plaintiffs will be entitled to recover arrears of difference in pay only for three years and two months from the date of filing of the suit. In case of Ram Bilas-appellant the trial Court had ordered the grant of selection grade with effect from 9.8.1973 while in the case of Pehlad, Om Prakash, Bal Gobind, Ram Avtar, Suraj Bhan, Hans Raj, Daya Nand, Anand Sarup, Bhagirath etc., the selection grade was ordered to be given w.e.f. 15.9.73. However, the State has been directed to prepare a fresh seniority list on the basis of rule given hereinabove, the order of grant of selection grade to the plaintiff, with specific dates, cannot be sustained and the same is set aside. However, it is directed that in case it is not possible to prepare seniority list within four months and further to release arrears in the next two months i.e. arrears are not released within six months, then the arrears would be released with effect from the date the plaintiffs have claimed and it would be subject to adjustment as per final seniority list and grant of selection grade.";