- (1.) The management of the Public High School Juan (Sonepat) and Haryana High School, Sonepat were taken over by the Government with effect from 13.6.1990 and 9.5.1984 respectively. The staff of the respective schools i.e. the petitioners were also taken over by the Government. It was specifically provided that the staff will be given the grades as approved by the Government and their pay will be fixed in accordance with the Government Rules. This is so discernible from reading Annexure P-1 memorandum dated 27.2.1980 for taking over the respective schools and clause 4 of the gift deed Annexure P-4 which runs as under:- "The members of the staff who are taken over in Govt, service by the Government under the providing clause shall be treated as fresh entrants of their previous service in the aforesaid school shall be allowed to them and their seniority viz-a-viz the old Government servants shall be determined accordingly."
(2.) The pay of the petitioners was fixed at minimum of the scale protecting their last drawn salary. The Schools were taken over when the instructions dated 11.4.1966 were operative and so far as State of Haryana is concerned, these instructions were never withdrawn. The petitioners voluntarily accepted the conditions of service.
(3.) Learned counsel for the petitioner vehemendy contended that in view of the judgment of this Court in Civil Writ Petition No. 4461 of 1971 (S. Dalip Singh Gill vs. The Director of Public Instructions, Punjab) decided on 13.8.1988, the instructions dated 11.4.1966, stood quashed and consequently, as directed in the said judgment the petitioner are entitled to the relief claimed.;