of Punjab & Ors Vs. Om Parkash Kaushal & Ors  INSC 755 (8 July 1996)
Singh, B.L. Hansaria Kuldip Singh, J.
APPEAL NO. 9106-9115 OF 1996 (Arising out of SLP (C) No. 20546 - 20555)
condoned Special leave granted in all the petitions.
respondents, in the appeals herein, are teachers employed in various privately
managed aided schools in the State of Punjab. Prior to 1967 there was considerable disparity in the emoluments of
the teachers employed in the private schools. Government of India appointed Kothari Commission to
examine the conditions of service of teachers with the object of improving the
standard of education in the country. Among other things the Kothari Commission
recommended that the scales of pay of school teachers belonging to the same
category and working under different managements such as Government, Local
bodies or Private Organisations such as Government, Local bodies or private Organisations
should be the same. Almost all the States, including the State of Punjab, decided to implement the
recommendations of the Kothari Commission. The State of Punjab revised the pay scales of the
teachers of the privately managed aided schools with effect from December
1.1967 and brought the same at par with the teachers of the same status in the
Government service. This Court in Haryana State Adhyapak Sangh and Ors. etc. v.
State of Haryana & Ors., 1986 Supp (1) SCR 682 and Haryana State Adhyapak Sangh
and Others v. State of Haryana, 1990 Supp SCC 307, on the peculiar facts
pertaining to those cases, directed that the Haryana teachers employed in the
private aided schools were entitled to the same pay scales and dearness
allowance as were being paid to the teachers in Government schools.
mentioned above, the State of Punjab had
granted uniform pay scales to the respondents with effect from December 1, 1967. The pay scales were similar to the
pay scales drawn by the Government teachers. The Punjab Legislature enacted The
Punjab Privately Managed Recognised Schools Employees (Security of Service)
Act, 1979 (the Act) which came into force with effect from January 23, 1981.
7 of the Act is as under:
Salaries of employees - Notwithstanding anything contained in section 3, the
scale of pay and dearness allowance of the employees shall not be less than
those of the employees of the State Government holding corresponding posts in
the schools run by the State Government:
that where the scales of pay and dearness allowance of the employees are less
than those of the employees of the State Government holding corresponding posts
in the schools run by the State Government, concerned managing committee to
bring the same at par with those of such employees of the State
Government." It is not disputed that the pay scales and the dearness
allowance which are being paid to the private teachers are not less than what
is being paid to the Government teachers holding corresponding posts. A
peculiar and wholly untenable claim has been made by the respondents in these
claim of the respondents is based on the Punjab Government instructions -
applicable to Government teachers only - which were issued four deceases back
when none of the respondents were in service. The Punjab Government issued instructions
dated July 23, 1957 revising the pay scales of various
categories of Government servants with effect from May 1, 1957. The Government teachers were placed in two broad
categories based on their educational qualifications.
revised pay scales were provided in the said instructions for the teachers on
the basis of their qualifications. the Punjab Government issued further
instructions dated September 1, 1960, where under it was provided that the
masters (a category of teachers) - working in Government school - who acquire
the qualification of M.A./M.Sc./M.D. (IIIrd Division), would be entitled to one
increment and those who acquire the said qualification with first and second
division, would be entitled to three increments. There is a chequered history
of litigation regarding the 1957/1960 instructions but it is not necessary to
go into the same. Suffice it to say that the instructions were not implemented
by the State Government and as a consequence there was prolonged litigation
between the teachers and the State Government which was finally settled by this
Court in favour of the Government teachers.
on by the order dated February
19, 1979 the Punjab
Government withdrew the 1957/1960 instructions. The 1979 instructions, however,
provided that all those Government teachers who became eligible for the
benefits under the 1957/1960 instructions prior to the 1979 order would be
entitled to the same.
respondents filed several petitions before the High Court claiming the benefit
of the 1960 instructions.
to the respondents, there being parity regarding pay scales and dearness
allowance between the private teachers and the Government teachers since
December 1, 1967, all of them, having acquired the higher qualifications prior
to 1979 in terms of the 1960 instructions, were entitled to the advance
increments. The High Court relying upon the two Adhyapak Sangh cases (supra)
allowed the writ petitions.
appeals, by the State of Punjab, are against the judgment of the Division Bench
of the High Court dated March 24, 1994.
mentioned above, the Act came into force on January 23, 1981. Section 7 of the
Act granted parity to the private teachers in the matter of scales of pay and
dearness allowance with the Government teachers. Prior to that the Punjab
Government and granted unified pay scales and dearness allowance to the private
teachers at par with the Government teachers by the executive instructions with
effect from December 1, 1967. The respondents were given parity under the
executive instructions only in respect of pay scales and dearness allowance.
The other conditions of service relating to the Government teachers were not
extended to the respondents. The incentives provided in the 1960 instructions
in the shape of advance increments to the Government teachers who improved
their educational qualifications could not be automatically extended to the
respondents. This Court, in the two Adhyapak Sangh cases from the State of Haryana
allowed the benefit of pay scales and dearness allowance to the private
teachers and declined to go into other benefits like house rent allowance, city
compensatory allowance, LTC, bonus etc.
are, therefore, of the view that the High Court fell into patent error in
directing the State of Punjab to grant the benefits under the
1960 instructions to the respondents. We allow the appeals, set aside the
impugned judgment of the High Court and dismiss the writ petitions filed by the
respondents before the High Court. No costs.