- (1.) The 9 petitioners in this case pray for the grant of Master's scale of pay with effect from the date they became trained Graduates i.e. they passed the B A.B.Ed, examination. The respondents contest this claim in view of the instructions dated March 9, 1990 by which it has been provided mat the Master's scale shall not be admissible to those who improved their qualifications after the issue of the said instructions. Learned counsel for the petitioners points out that petitioners Nos. 5 and 9 had passed the B.A.B.Ed, examination prior to the issue of the instructions. He consequently, prays that the relief may be granted only in respect of these petitioners. On behalf of the remaining petitioners, he seeks permission to withdraw the writ petition so as to enable him to file a fresh petition challenging the validity of the instructions issued by the Government vide letter dated March 9, 1990. Mr. Jaswant Singh, learned counsel appearing for the respondents accepts this position.
(2.) It is the admitted position that the petitioners who had qualified B.A.B.Ed, examination prior to March 9, 1990, are entitled to the grant of Master's scale of pay in view of the decision of their Lordships of the Supreme Court in Union of India vs. Kirpal Singh Bhatia, 1976 AIR(SC) 2459
(3.) Accordingly, the claim of these petitioners is accepted and it is directed that they will be considered for the grant of Master's scale of pay from the date of their passing the B.A. B.Ed, examination. On re- fixation of their pay, such arrears as may be found due for a period of 38 months preceding the date of the filing of the writ petition, shall be granted to them. The respondents shall do the needful within four months from the date of receipt of a certified copy of this order. In respect of the remaining 7 petitioners, the writ petition is dismissed as withdrawn, with liberty to filed a fresh petition. In the circumstances of the case, there will be no order as to costs.;