of Haryana & Ors Vs. Kewal Krishan Nagpal
& Ors  Insc 299 (26 February 2008)
Sema & Markandey Katju
O R D
E R CIVIL APPEAL NO.2624 OF 2002
short question involved in this appeal is as to whether a Typewriter Instructor
is a Teacher or not.
have heard the parties at length.
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.
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
(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.
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.
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.