Ram Bilas and others vs State of Haryana and others

Augustine George Masih, J.—Petitioners, who are working as PTI and Drawing Teachers, were not granted the pay-scale equivalent to that of the JBT Teachers w.e.f. 1.1.2006. However, subsequently w.e.f. 1.9.2009, this category was granted the pay-scales equivalent to that of the JBT teachers. Arrears from 1.1.2006 to 31.8.2009 were denied to the petitioners, which action of the respondents, was challenged by some of the similarly placed employees as the present petitioners by filing CWP No. 511 of 2011 Jaspal Singh and others vs. State of Haryana and others, which was allowed by this Court on 22.5.2012 by quashing order dated 20.8.2009 to the extent it denied the actual benefits of pay-scales w.e.f. 1.1.2006. Direction was also issued for release of arrears as per the revised pay-scales w.e.f. 1.1.2006 to 1.9.2009. On the basis of the said judgment, petitioners claimed the arrears and for that purpose, they served a legal notice dated 11.6.2012 (Annexure P-6) upon the Commissioner and Director General, School Education, Haryana-respondent No.2 but no response has been received by the petitioners till date and, therefore, they have approached this Court by way of the present writ petition. Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to the Commissioner and Director General, School Education, Haryana-respondent No.2 to consider and decide the legal notice dated 11.6.2012 (Annexure P-6) within some specified time.

Without going into merits of the case or commenting thereon, this petition is disposed of with direction to the Commissioner and Director General, School Education, Haryana-respondent No.2 to consider and decide the legal notice dated 11.6.2012 (Annexure P-6) within a period of four months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioners forthwith. In case the petitioners are held entitled to the benefits as claimed by them in their legal notice, consequential benefits be granted to them within a further period of two months. If the claim of the petitioners is rejected, the same shall be by passing a speaking order to this effect.