Augustine George Masih, J. - (1.) THE Petitioners, in the present writ petition, are claiming the quashing of impugned order dated 26th October, 2006 (Annexure P -15), - -vide which the Higher Education Commissioner, Haryana -Respondent No. 2 has refused to count the previous service rendered by them for the purpose of grant of senior scale/selection grade. They have also prayed for a writ of Mandamus directing the Respondents to release their salary for the period from 1st August, 2004 to 16th May, 2005 along with interest.
(2.) THE brief facts of the case are that the Petitioners were working as Lecturers in the Erstwhile Shaheed Udham Singh National College, Matakmajri (Indri), Karnal, a privately managed unaided College affiliated to the Kurukshetra University. The Petitioners, who were appointed after due advertisement of the posts by the Management by a duly constituted Selection, Committee as per the University guidelines, were approved by the Kurukshetra University and they continued to serve the said college till the date their services and the College were taken over by the Government of Haryana, - -vide letter dated 17th May, 2005 (Annexure P -6) with effect from that date itself. It is the contention of the Petitioners that on 30th July, 2004, the Chief Minister, Haryana, took a decision to take over Shaheed Udham Singh National College Matak Majri (Indri), Karnal. In view of the said decision, Respondent No. 2, - -vide letter dated 13th August, 2004 directed the management not to recruit any teaching/non -teaching staff after duly mentioning therein the order of the Chief Minister. Later, the Management got a gift deed registered on 4th August, 2004 (Annexure P -2) in favour of the Government, - -vide which all movable and immovable properties of the College were lifted. According to the Petitioners, for all intents and purposes the control of the College was handed over by the Management to the Government in view of the above -mentioned gift deed dated 4th August, 2004 from that date. Thereafter, the Principal and the Management sought sanction for permission to incur expenditure for the smooth running of the College. Since no salary was paid to the staff with effect from July, 2004 to January 2005, the Principal of the College, - -vide letter dated 12th February, 2005 (Annexure P -5) requested the Higher Education Commissioner -Respondent No. 2 to release the same. Even after taking over of the College by the Government on 17th May, 2005, the salary for the period from 1st August, 2004 to 16th May, 2005 has not been released to the Petitioners till date. On 15th June, 2005, formal letters of appointment on temporary/ad hoc basis were issued to the Petitioners and thereafter on examining/judging their suitability, they were offered regular appointment letter on 15th February, 2006 with effect from 17th May, 2005 i.e. the date of taking over of the College. As per the case of the Petitioners, they are entitled to the grant of senior scale/selection grade by counting the service rendered by them in different colleges, whether government or private. They have based their claim on the strength of letter dated 8th December, 2000 (Annexure P -12) issued by the Financial Commissioner and Secretary to Government of Haryana, Education Department to the Director of Higher Education, Haryana -Respondent No. 2, - -vide which revision of pay -scales of the teachers of Universities and Colleges of Haryana was ordered. According to the Petitioners, as per Annexure IV of the letter dated 8th December, 2000, the Scheme applies to all Universities and Colleges (excluding Agricultural Universities, Medical and Veterinary Science Colleges) admitted to the privileges of the Universities. Clause 9 of the said annexure states that previous service, without any break as a Lecturer or equivalent, in a University, College, National Laboratory or other Scientific Organization etc. should be counted for placement of Lecturers in the senior scale/selection grade. It has been further contended that Higher Education Commissioner -Respondent No. 2 had, - - vide his letter dated 28th August, 2001 (Annexure P -13) clarified that the service rendered in non -aided institutions shall also be counted for the purpose of senior scale/selection grade. On the basis of these two letters dated 8th December, 2000 (Annexure P -12) and letter dated 28th August, 2001 (Annexure P -13), the Petitioners contend that they are entitled to the grant of senior scale/selection grade by considering the previous service rendered by them in the private non -aided institutions. It has further been contended that the Government has taken over 22 other Colleges in the State of Haryana. The previous service of all the employees, whose services have been taken over by the Government in these 22 colleges, has been counted for the purpose of grant of senior scale/selection grade, which according to the Petitioners, is a clear case of discrimination between similarly placed employees where the Petitioners have been left out of the benefit to which they are entitled to, as per their statutory right and have been singled out for the non -grant of benefit of counting of previous service.
(3.) ACCORDING to the Petitioners, the Principal of the College -Respondent No. 3, - -vide his letter dated 12th June, 2006 (Annexure P -14) had requested the Higher Education Commissioner -Respondent No. 2 that the service rendered by the Petitioners in the private unaided college, which was taken over by the Government, be counted for the purpose of grant of senior scale/selection grade. However, the said request was rejected by Respondent No. 2, - -vide letter dated 26th October, 2006 (Annexure P -l5) on the ground that the Petitioners were appointed in the initial grade after their services were taken over by the Government, - -vide letter dated 17th May, 2005 with effect from that date itself. A specific condition was stipulated in this letter that the Government will not be liable for any liability before taking over of the college and these Lecturers will be considered in the Government service from the date the College was taken over and their seniority shall also be considered from the date. It is this letter dated 26th October, 2006 (Annexure P -15) which has been assailed by the Petitioners in the present writ petition.;