Chander Kanta v. State Of Haryana Through The Secy. To Govt. Haryana And ORS.
CWP No.3965 of 1998 -1- 2024:PHHC:051925
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ***** CWP No.3965 of 1998 Date of Decision : 18.4.2024 Chander Kanta ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. P.L. Verma, Advocate, for the petitioner Mr. R.S. Budhwar, Addl. AG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL): The petition has been filed, inter alia, seeking a direction to the respondents to grant selection grade of pay to the petitioner by counting the service rendered by him as JBT Teacher on ad hoc basis from 7.9.1959, up to regularisation in service w.e.f. 3.8.1961. 2.
Learned State counsel contends that the petitioner is entitled to grant of selection grade by counting only the regular service rendered in the Department as per instructions dated 28.6.1991, Annexure R-4. Based upon that, on completion of eighteen years of regular service, the selection grade of pay was duly given to him w.e.f. 3.8.1979. The service prior to regularisation could not be counted for the purpose. 3.
The benefit of selection grade has been given based on instructions dated 28.6.1991, which stipulate that selection grade may be granted to all state cadre teachers who have completed 'eighteen years of service before 1.1.1986'. Accordingly, the service rendered by teachers Ashwani Kumar 2024.04.20 14:55 I attest to the accuracy and integrity of this document
CWP No.3965 of 1998 -2- 2024:PHHC:051925 after being borne on the cadre can only be counted for giving selection grade of pay. The petitioner came in state cadre only after regularisation, and was given the benefit by counting the service rendered in the cadre. There is no provision to count ad hoc service prior to regularisation for this benefit. Besides, law is already settled that such service cannot be counted; a reference can be made to State of Haryana v. Haryana Veterinary and AHTS Association and another, (2000) 8 SCC 4, holding that ad hoc service prior to regular appointment is not to be counted for selection grade.
4.
In view thereof, there is no merit in the petition, and it stands dismissed accordingly.
(TRIBHUVAN DAHIYA) JUDGE 18.4.2024 Ashwani Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No Ashwani Kumar 2024.04.20 14:55 I attest to the accuracy and integrity of this document