- (1.) Vide this judgment, we intend to dispose of the following writ petitions, as the same questions of law and facts are involved in all these writ petitions : 1. CWP No. 18601 of 2006 Om Parkash & others v. State of Haryana & others. 2. CWP No. 4813 of 2005 Kharak Singh v. State of Haryana and others. 3. CWP No. 13225 of 2006 Shiv Dayal & others v. State of Haryana and another. 4. CWP No. 13867 of 2006 Chhaju Ram & others v. State of Haryana & others. 5. CWP No. 15109 of 2006 Hari Ram v. State of Haryana and others. 6. CWP No. 16214 of 2006 Dharam Pal & others v. State of Haryana & others. 7. CWP No. 19964of 2006 Prem Lata v. State of Haryana and others. 8. CWP No. 8386 of 2006 Nagar Mal & others v. State of Haryana and others. 9. CWP No. 10040 of 2007 Hoshiar Singh & others v. State of Haryana and another. 10yy. CWP No. 10814 of 2007 Sarup Singh & others v. State of Haryana and others. 11. CWP No. 11988 of 2007 Inder Singh v. State of Haryana and others. 12. CWP No. 12005 of 2007 Satpal & others v. State of Haryana and others. 13. CWP No. 12458 of 2007 Jagir Singh & another v. State of Haryana and others. 14. CWP No. 1554 of 2007 Veena Rani & others v. State of Haryana and others. 15. CWP No. 2358 of 2007 Sukhbir Singh & others v. State of Haryana & others. 16. CWP No. 2672 of 2007 Kazan Singh & others v. State of Haryana and others. 17. CWP No. 27 of 2007 Ram Chander v. State of Haryana and others. 18. CWP No. 4347 of 2007 Om Parkash v. State of Haryana and others. 19. CWP No. 5100 of 2007 Prem Singh & others v. State of Haryana and others. 20. CWP No. 6731 of 2007 Sudesh Makkar & others v. State of Haryana & others 21. CWP No. 8105 of 2007 Geeta Devi v. State of Haryana and others. 22. CWP No. 8639 of 2007 Rajinder Singh & others v. State of Haryana & others. 23. CWP No. 10158 of 2006 Ishwar Dutt Sharma v. State of Haryana and another. 24. CWP No. 11200 of 2006 Surat Singh v. State of Haryana and others. 25. CWP No. 10665 of 2006 Dharam Pal & others v. State of Haryana and others. 26. CWP No. 10573 of 2006 Balkar Singh & others v. State of Haryana and others. 27. CWP No. 11475 of 2006 Mohinder Singh & others v. State of Haryana & others. 28. CWP No. 12050 of 2006 Dharam Pal & others v. State of Haryana and others. 29. CWP No. 8445 of 2006 Bal Chandrika & others v. State of Haryana and others. 30. CWP No. 2657 of 2006 Asha Garg & others v. State of Haryana and others. 31. CWP No. 971.4 of 2006 Ram Singh & others v. State of Haryana and others. 32. CWP No. 8309 of 2006 Balbir Singh v. State of Haryana and others. 33. CWP No. 16800 of 2006 Satvavir & others v. State of Haryana and others. 34. CWP No. 14246 of 2006 Dharambir Singh & others v. State of Haryana & others. 35. CWP No. 12899 of 2006 Sukhwinder Kaur v. State of Haryana and others. 36. CWP No. 18768 of 2006 Chander Devi v. State of Haryana and others. 37. CWP No. 19647 of 2006 Ramkesh v. State of Haryana and another. 38. CWP No. 5808 of 2006 Krishan Dev Singh & others v. State of Haryana & . others 39. CWP No. 6576 of 2006 Amir Chand & others v. State of Haryana and others. 40. CWP No. 4049 of 2006 Shashi Prabha v. State of Haryana and others. 41. CWP No. 3849 of 2006 Dharamvir Singh v. State of Haryana and another. 42. CWP No. 3949 of 2006 Rohtas Singh v. State of Haryana and another. 43. CWP No. 4314 of 2006 Khajano Devi v. State of Haryana and others. 44. CWP No. 8459 of 2006 Renu Bala & others v. State of Haryana and others. 45. CWP No. 20360 of 2006 Rishi Parkash & others v. State of Haryana and others. 46. CWP No. 18775 of 2006 Lal Singh v. State of Haryana and others. 47. CWP No. 426 of 2008 Bhikhu Ram v. State of Haryana and others. 48. CWP No. 9711 of 2006 Suraj Prakash & others v. State of Haryana and others. 49. CWP No. 18089 of 2007 Ram Parkash & others v. State of Haryana and others. 50. CWP No. 772 of 2005 Ranvir Singh & others v. State of Haryana and others. 51. CWP No. 10693 of 2004 Balwant Singh etc. v. State of Haryana and others. 52. CWP No. 12450 of 2004 Bharat Singh etc. v. State of Haryana and others. 53. CWP No. 12117 of 2005 Laxmi Devi v. State of Haryana and others. 54. CWP No. 1248 of 2005 Santosh Kumari & others v. State of Haryana and others. 55. CWP No. 1362 of 2005 Tripta Rani v. State of Haryana and others. 56. CWP No. 16640 of 2005 Daya Nand & others v. State of Haryana and others. 57. CWP No. 3105 of 2005 Om. Pati & others v. State of Haryana and others. 58. CWP No. 8320 of 2005 Khazan Singh & others v. State of Haryana and others. 59. CWP No. 6482 of 2006 Udai Singh & others v. State of Haryana and others. 60. CWP No. 7618 of 2006 Ambika Parsad & others v. State of Haryana & others. 61. CWP No. 10407 of 2007 Shiksha Devi v. State of Haryana and others. 62. CWP No. 4999 of 2004 Guljari Lal etc. v. State of Haryana and another. 63. CWP No. 15681 of 2004 Raj Roop Mehalwat & others v. State of Haryana and others. 64. CWP No. 8260 of 2004 Janki Devi & others v. State of Haryana etc. 65. CWP No. 3111 of 2005 Darshna Devi & others v. State of Haryana and others. 66. CWP No. 6372 of 2005 Noke Ram & others v. State of Haryana etc. 67. CWP No. 7453 of 2005 Satbir Singh etc. v. State of Haryana and others. 68. CWP No. 12272 of 2006 Karambir Singh & others v. State of Haryana & another. 69. CWP No. 14376 of 2006 Santosh Sharma v. State of Haryana and others. 70. CWP No. 5079 of 2006 Luxmi Devi & another v. State of Haryana and others. 71. CWP No. 7405 of 2006 Ram Kumar & others v. State of Haryana 72. CWP No. 8369 of 2006 Shri Bhagwan & others v. State of Haryana and others. 73. CWP No. 10792 of 2006 Bhagat Singh & others v. State of Haryana & others. 74. CWP No. 14754 of 2006 Satya Parkash & others v. State of Haryana & others. 75. CWP No. 20516 of 2006 Kartar Singh & others v. State of Haryana and others. 76. CWP No. 2848 of 2007 Sain Ditta v. State of Haryana and others. 77. CWP No. 18480 of 2006 Sultan Singh v. State of Haryana and others. 78. CWP No. 18526 of 2006 Rajinder Parkash & others v. State of Haryana & others. 79. CWP No. 5218 of 2007 Ram Kumar & others v. State of Haryana & another. 80. CWP No. 19498 of 2006 Sube Singh & others v. State of Haryana and others. 81. CWP No. 12556 of 2007 Charan Singh & others v. State of Haryana & another. 82. CWP No. 14255 of 2007 Satdev Singh & others v. State of Haryana & another. 83. CWP No. 17889 of 2007 Dharamvir v. State of Haryana and others. 84. CWP No. 18148 of 2007 Tek Ram & others v. State of Haryana and others. 85. CWP No. 2580 of 2007 Suraj Pal v. Director Education, Haryana & another. 86. CWP No. 5688 of 2007 Mehar Singh Chauhan & others v. State of Haryana and others. 87. CWP No. 7865 of 2007 Darshan Kumari & others v. State of Haryana & another. 88. CWP No. 7909 of 2007 Barhmi Devi & others v. State of Haryana and others. 89. CWP No. 7936 of 2007 Prom Kaur & others v. State of Haryana and others. 90. CWP No. 1807 of 2008 Om Parkash & others v. State of Haryana and others. 91. CWP No. 1823 of 2008 Birbal Singh & others v. State of Haryana and others. 92. CWP No. 2222 of 2008 Bans Raj & another v. State of Haryana and others. 93. CWP No. 738 of 2008 Ratti Devi & others v. State of Haryana and others. 94. CWP No. 1443 of 2007 Anand Parkash & others v. State of Haryana & another. 95. CWP No. 3616 of 2007 Jai Parkash & others v. State of Haryana and another. 96. CWP No. 13484 of 2007 Azad Singh & others v. State of Haryana and another. 97. CWP No. 5733 of 2007 Om Parkash & others v. State of Haryana and another. 98. CWP No. 17814 of 2007 Nathu Ram & others v. State of Haryana and others. 99. CWP No. 436 of 2008 Prithvi Singh & others v. State of Haryana and another. 100. CWP No. 16506 of 2007 Ramesh Chander & others v. State of Haryana & another. 101. CWP No. 4455 of 2007 Gargi Rathi v. State of Haryana and others. 102. CWP No. 6397 of 2007 Nand Lal & others v. State of Haryana and others. 103. CWP No. 6836 of 2007 Chaman Lal v. State of Haryana and others. 104. CWP No. 7401 of 2007 Raj Singh & others v. State of Haryana and another. 105. CWP No. 1224 of 2007 Chhabil Singh & another v. State of Haryana & others. 106. CWP No. 3427 of 2007 Dharam Pal & others v. State of Haryana and other. 107. CWP No. 14794 of 2007 Manju Sharma v. State of Haryana and others. 108. CWP No. 15316 of 2007 Partap Singh v. State of Haryana and others. 109. CWP No. 17184 of 2007 Sheela Devi v. State of Haryana and others. 110. CWP No. 17751 of 2007 Pushpa Devi v. State of Haryana and others. 111. CWP No. 17759 of 2007 Ram Avtar & others v. State of Haryana and others. 112. CWP No. 18890 of 2007 Duli Chand Sharma v. State of Haryana and others. 113. CWP No. 1438 of 2008 Om Parkash and others. v. State of Haryana & another. 114. CWP No. 1685 of 2008 Gurmukh Singh v. State of Haryana and others. 115. CWP No. 2430 of 2008 Attar Singh & another v. State of Haryana and others. 116. CWP No. 2452 of 2008 Ram Chancier & others v. State of Haryana & others 117. CWP No. 2576 of 2008 Karan Singh & another v. State of Haryana & others. 118. CWP No. 2670 of 2008 Arjun Singh & another v. State of Haryana & others. 119. CWP No. 2886 of 2008 Raghbir Singh v. State of Haryana and another. 120. CWP No. 2978 of 2008 Jasmer Singh v. State of Haryana and others. 121. CWP No. 3090 of 2008 Raghubir Singh v. State of Haryana etc. 122. CWP No. 3135 of 2008 Mahavir Singh & another v. State of Haryana & others. 123. CWP No. 3162 of 2008 Tek Chand Sharma and others. v. State of Haryana and others. 124. CWP No. 15037 of 2004 Smt. Urmila Devi v. State of Haryana and others. 125. CWP No. 1039 of 2005 Umed Singh Malik & others v. State of Haryana etc. 126. CWP No. 16795 of 2004 Ram Singh & others v. State of Haryana etc. 127. CWP No. 2939 of 2005 Mahavir Singh & others v. State of Haryana & others. 128. CWP No. 4819 of 2005 Kamlesh Devi etc. v. State of Haryana etc. 129. CWP No. 5835 of 2006 Sudesh Malik & others v. State of Haryana & others. 130. CWP No. 6520 of 2007 Anoop Singh Khatri v. State of Haryana and others. 131. CWP No. 8085 of 2005 Ishwar Singh & others v. State of Haryana and others. 132. CWP No. 9934 of 2005 Jagdish Chander & others v. State of Haryana etc. 133. CWP No. 3585 of 2008 Dayawanti v. State of Haryana and others. 134. CWP No. 3908 of 2008 Sunita Bakshi & others v. State of Haryana & another. 135. CWP No. 4520 of 2008 Zile, Singh v. State of Haryana and others. 136. CWP No. 4884 of 2008 Harkesh Chander & others v. State of Haryana & others. 137. CWP No. 4891 of 2008 Bahadur Chand & others v. State of Haryana & others. 138. CWP No. 4916 of 2008 Gunnesh Kumari & others v. State of Haryana & others. 139. CWP No. 18633 of 2007 Sarup Singh and others v. State of Haryana and others. 140. CWP No. 1839 of 2007 Jagdish Rai and others v. State of Haryana and others. The facts have been extracted from CWP No. 18601 of 2000 titled as Om Parkash and others v. State of Haryana and others.
(2.) Petitioners of all these cases have challenged the order dated 22.8.2003 (Annexure P-6) and the order vide which the pay of the petitioners has been reduced and order of recovery which has been made against the petitioners.
(3.) The case of the petitioners is that they were working as JBT Teachers/Head leachers or C&V Teachers in Haryana Education Department and their pay scales have been revised under the Haryana Civil Services (Revised Pay) Rules, 1998, applicable w.e.f. 1.1.1996. The pay of the petitioners was fixed in the months of January, February and March 1998 and got verified from the Section Officer of the concerned office. The pay of the petitioners was fixed under Rule 7 (i) (a) of the Revised Pay Rules, 1998 after giving the benefit of admissible bunching in the revised grades. The employees, i.e. the petitioners were rightly granted one increment in the revised scale of pay for every three increments (inclusive of stagnation increment), if any in the present scale of pay. The respondent-department had withdrawn the benefit of bunching from the teachers as teachers were not in the ambit of Assured Career Progression Rules, 1998. Their pay was to be fixed under the Revised Pay Rules, 1998 and 3rd proviso of Rule 7 (i) (a) by which provision of stepping up has been allowed in the existing scale of pay only. For adjudication of the matter, the definition of the existing scale and functional scale in the Revised Pay Scale 1998 and definition of existing scale, functional pay scale and present pay scale in Assured Career Progression Rules, 1998 (hereinafter to be mentioned as ACP Rules, 1998) is relevant.;