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CASE NO.: Appeal (civil)  2624 of 2002

PETITIONER: STATE OF HARYANA & ORS.

RESPONDENT: KEWAL KRISHAN NAGPAL & ORS.

DATE OF JUDGMENT: 26/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT

O R D E R

       The short question involved in this appeal is as to whether a Typewriter  Instructor is a Teacher or not.           We have heard the parties at length.         According to the University Calender the Teacher shall include Principal,  Lecturer, Lecturer in Physical Education, Tutor, Demonstrator, Instructor and  Librarian in the service of a Non-Govt. College.         It appears that by a letter dated 12.2.1999 an instruction has been issued to  clarify the confusion created with regard to the entitlement of vacations by the  category of staff such as SLA/JLA/Typewriter Instructor/Tabla Player and  Laboratory Attendant as to whether they are entitled to full vacations like Teaching  staff or they are non-teaching staff and like any other Government staff they are  entitled only to casual leave or other vacations during the year.

       Clause (1) of the said instructions clearly states that if any University Rules are  contrary to the aforesaid instructions they must be amended accordingly. It is stated  that the aforesaid Government Circular has been challenged by the respondent  before the High Court by filing a writ petition. The High Court has held that the  typewriters are entitled to the benefits available to the teaching staff and, therefore,  no amendment has been carried out in consonance with the direction contained in the  Government order dated 12.2.1999.          Having regard to the peculiar facts that some of the respondents have been  enjoying the facilities since more than 13 years in accordance with the University  Calender we do not want to interfere with the impugned order. We, however, leave  the question of law open. We also allow the appellant State to amend the University  Calender in terms of the Government order dated 12.2.1999.  Such amendment if  any carried out pursuant to the Government order shall be prospective.  If any such  amendment is made it shall cover  all cases of the Typewriter Instructors including  the case of the respondents herein.         This appeal is disposed with the direction indicated above. We make it clear  that  the University and other authorities are, however, allowed to amend the Rules  in consonance with the Government Order dated 12.2.1999.