C.W.P. No. 116 of 1990 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P. No. 116 of 1990 Date of Decision : 6.12.2010 Jagan Nath Sharma & others .......... petitioners Versus The State of Haryana & others ...... Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present : Mr. Dheeraj Jain, Advocate for the petitioners. Mr. S.S. Goripuria, DAG, Haryana. **** RITU BAHRI, J. (ORAL) This writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of writ of mandamus to direct the respondents to grant pay to the petitioners as per their higher qualification according to the circular dated 23.7.1957 (Annexure P-1). All the petitioners are JBT Teachers in privately managed Government aided schools. They claim that they are entitled to the benefit at par with the Teachers working in Government Schools. In support of this, reliance has been placed on the judgment of the Hon'ble Supreme Court in the case of Haryana State Adyapak C.W.P. No. 116 of 1990 -2- Sangh & Ors. Vs. State of Haryana & Ors. 1998(4) SCC 571. Mr. Dheeraj Jain, learned counsel for the petitioners has placed reliance on the Division Bench judgment of this Court in the case of Jai Parkash Gupta and others Vs. State of Haryana and Others 1996(8) SLR 812, to contend that the Hon'ble Division Bench of this Court has extended the benefit of higher pay scale as per the instructions dated 23.7.1957. The benefit has been extended to those Teachers, who had acquired higher qualification prior to 9th March 1990. In paragraph 6 of the writ petition, the dates of passing B.A./M.A. by the petitioners has been given. It is apparent that all the petitioners have acquired higher qualification before 9th March 1990. Mr. S.S. Goripuria, DAG, Haryana does not dispute the settled proposition of law. I have heard the learned counsel for the parties. In view of the law laid down in Jai Parkash Gupta and others Vs. State of Haryana and Others (supra), the writ petition is allowed, with a direction to the respondents to release the benefits to the petitioners as per instructions dated 23.7.1957 within a period of three months from the date of receipt of certified copy of this order. 6.12.2010 (RITU BAHRI) 'sp' JUDGE