Judgment

I. Factual canvas

The earliest appeal in this Batch was filed by the State of Haryana and The Director of Public Instructions, Haryana. The appeal came to be filed in this Court in somewhat peculiar circumstances. The order of the High Court against which the appeal was filed was passed by a Single Judge of the High Court on 3rd December, 1988 in CWP 7122/88 on the basis of consent of counsel on both sides. The order was in the following terms :

“The parties’ counsel agree that this petition is squarely covered by a Full Bench judgment of this Court reported as Bhagwan Dutt Sharma & Ors. v. State of Haryana & Anr., ILR 1988, Vol. II Punjab 246. There will be an order in terms of the ratio given in that case.”

2. The said writ petition was filed in the High Court by the respond­ents in the appeal. They were working as Teachers/ Masters/Mistresses in different schools of Haryana. They had acquired post graduate qualifications while in service. The relevant particulars were given by them in the Writ Petition. According to them, the erstwhile State of Punjab had issued a Circular on 23rd July, 1957 raising the pay scales of the teachers w.e.f. 1st May, 1957 and that it wa