State of Haryana and Others Vs. Rai Chand JaIn and Others, Etc. Etc. - Court Judgment

Excerpt:
- section 100 :[r.v. raveendran & j.m. panchal, jj] joint hindu family property suit by widowed daughter-in-law against her widowed mother-in-law for partition and separate possession of substantial question of law to be determined - high court calculating devolvement of shares from shares of son and father - held, high court ought to have calculated also the shares of daughter-in-law and of her mother-in-law in joint family properties. hindu succession act, 1956 section 6 (as it stood prior to the amendment act of 2005), sections 8 & 15: [r.v. raveendran & j.m. panchal, jj] joint hindu family devolution of property in intestate succession in a specified case of partition - joint family constituted by father with his only son - son died survived by his childless widow - father died later - mother dying thereafter leaving behind daughter-in-law and four daughters held, during arguments, both counsel fairly agreed that the correct method of calculation would be on the following basis - : that father and son would be entitled to half-share each in the joint family properties; that on the death of son, his half-share would have devolved in two equal shares on his mother and his widow and consequently, each of them would have got the share; and that when father died, his half-share would have devolved equally on his own widow, daughter-in-law, and four daughters equally which would mean that each of them would get 1/12th share as legal heirs of fathers share. therefore mother would have 1/4th +1/12th equal to 1/3rd share; and the four daughters would each have 1/12th share, together 1/3rd share. as mother died later, her one-third share will devolve upon her four daughters equally. consequently, each of them will have another 1/12th share in addition to their 1/12th each, that is 1/6th each.k. ramaswamy and d.p. wadhwa, jj.1. substitution allowed.2. leave granted. we have heard counsel on both sides.3. these appeals by special leave arise from the judgment and order dated 2.11.1993 of the high court of punjab & haryana made in cwp no. 13493/91 & batch. it is not necessary to narrate all the factual details. suffice it to state that the respondents claim payment of salary in the selection grade pay-scales which the high court has granted them. while we have taken the matter for final disposal, shri pankaj kalra, learned counsel for the respondent, has brought to our notice the order issued by the government on august 20, 1996 signed by the joint secretary (finance), for financial commissioner & secretary to government, haryana, finance department which reads as under :i am directed to invite your attention to the subject noted above and to say that prior to 1.4.79 the selection grade to group c & d category employees was admissible on the basis of the number of permanent posts in a particular cadre and later on, till 1.1.86, the date on which this practice was altogether abolished, for determining the number of the selection grade posts, the temporary posts in existence for the preceding three years were taken into account.cwp. no. 2143 of 1994 of 11255 of 1995 were filed in the high court by some teachers of the education department and while disposing these off, hon'ble high court directed to grant the selection grade on the basis of total strength, including permanent and temporary posts, with all consequential benefits, to the petitioners. thus the employees of the education department have already been granted this benefit as per the judgment.the government has, therefore, decided that the selection grade wherever available prior to 1.1.86 may be worked out on the basis of total strength including permanent and temporary posts and all consequential benefits including arrears of 38 months preceding the date of such decision, be allowed to eligible employees.4. in view of the above direction, we are of the view that since the government itself has accepted to compute the selection grade wherever available prior to 1.1.86 and to work it out on the basis of the total strength of the cadre including permanent and temporary posts with consequential benefits including arrears for 38 months preceding the date of the decision, i.e., dated 20.8.1996, these cases need no interference.5. mr. pankaj kalra, learned counsel has stated that fixation of 38 months for payment of arrears is arbitrary. we find no force in the contention. it is for the government to decide as a part of the executive policy as to from which date the arrears would be granted to the employees. the matter being executive policy in character, we do not think that the decision taken by them is arbitrary violating article 14 of the constitution.6. in view of the above order, we think that there is nothing for this court to interfere with the judgment of the high court. the appeals are accordingly dismissed. no costs.ca no. 3267/97 @ s.l.p. (c) no. 11705/957. though the respondents have been served, none is appearing either in person or through counsel. the controversy raised in this case is covered by the judgment of this court in state of haryana and anr. v. ravi bala and ors. : (1997)iillj1000sc . in paragraph 4, this court, following the decision in wazir singh v. state of haryana : air1996sc889 has held that such of the teachers who have obtained the b.t. or b.ed. degree would be entitled to higher grade with effect from the respective dates of their acquiring that qualification. therefore, they are not entitled to higher scales of pay prior to the date of acquiring qualifications.8. the appeal is accordingly allowed. no. costs.