Raja Vs. Ceeri Educational Society Pilani & Anr  Insc 708 (31 October 2006)
Sinha & Markandey Katju
out of SLP (C) No. 1242 of 2006] S.B. SINHA, J :
was working as a Trained Graduate Teacher (TGT for short) (English) in Atomic
Energy Central School, Rawatbhata in the State of Rajasthan. An advertisement was issued by
Respondent No. 1 Society for recruitment and appointment to the post of TGT in
its school. The appellant applied therefor. An interview was held. Allegedly,
he asked for pay protection. It was assured that his pay would be protected.
offer of appointment was made to him on 17.12.1996 wherein it was stated:
You will be paid salary which includes Basic Pay + DA as per CES Rules.
You shall abide by the service rules of CEERI Educational Society as decided
from time to time." The respondent, however, by a letter dated 8.01.1997
offered a basic salary of Rs. 1700/- with seven advance increments as also
accommodation, etc. to the appellant as he did not join and demanded for
settlement of terms and conditions in service to be spelt out clearly. It
appears that the wife of the appellant was also offered an appointment. In his
letter dated 15.01.1997, the appellant contended:
was promised pay protection till the implementation of Pay Commission Report by
way of personal pay (by the Interview Committee, of which you were also a
member). There is no mention about it in both your letters i.e. dated 17.12.96
I am greatly
obliged that you have offered me seven advance increments in the pay scale of Rs.
1400-40-1600-50-2300-EB-60-2600, but I wish to bring to your kind notice that I
would be drawing 1600/- basic pay in the same grade in March, 1997. Henceforth
my request to you is that you have to protect my last drawn pay of Atomic Energy Central School (under AEES), as agreed upon by the Committee." In
response thereto, Respondent No. 1 Society by a letter dated 21.01.1997
clarified the queries raised by the appellant inter alia in the following
basic salary of Rs. 1600/- in March, 1997 with your present employer has been
well protected by offering you Rs. 1700/- basic pay as soon as you join us at
CVM. As the pay commission report is likely to be implemented in our school
from April, 1997 after its announcement, therefore, your pay will be
automatically protected at that time. However, if you are joining us earlier
than the implementation of pay commission report the difference in your last
drawn salary and the salary at CVM on joining would be given to you as
additional personal pay as per rules." Yet again by a letter dated
25.01.1997, pay protection was assured stating:
your pay will be protected in any way either providing personal pay or fixing
basic pay at suitably higher level. The appointment letter sent to you is not
supposed to carry all these details.
CVM has already written to you in this regard in detail. If you have further
any query please feel free to contact Principal, CVM." The appellant
joined the services in Respondent No. 1 School on 30.04.1997. It is not in
dispute that the Fifth Central Pay Commission revised the scale of pay with
effect from 1.01.1996 pursuant whereto the appellant claimed that he was
entitled to the scale of pay Rs. 5500-9000 whereas he was put in the pay scale
of Rs. 5000-8000. The recommendations of the Fifth Central Pay Commission,
however, were applied by the respondent with effect from 1.07.1999.
on the premise that the respondents were bound to protect his scale of pay
keeping in view the promises made and the Management Committee backtracked therefrom,
he moved the Rajasthan Non- Government Educational Institutions Tribunal, Jaipur.
The Tribunal allowed the said application in part holding the appellant to be
entitled to pay as per the recommendations of the Fifth Central Pay Commission
with effect from the date of appointment and directing the respondents to
calculate the amount of difference and pay the same to him within three months.
A writ petition filed by the respondents thereagainst was dismissed by a
learned Single Judge of the High Court. The respondents preferred an
intra-court appeal and the Division Bench by reason of the impugned judgment
allowed the same.
appellant is, thus, before us.
limited notice was issued by an order dated 23.01.2006 only in regard to the
question as to whether the revised pay is being paid to the appellant with
effect from 1.07.1999. In its counter affidavit, the respondents contend that
the appellant is entitled thereto but he must give his consent therefor by way
of a written agreement. It is, thus, not in dispute that once the appellant
signs the agreement, he would be given benefits of the revised scale of pay.
Our attention in this connection has also been drawn to a letter of the
appellant dated 4.02.1997 wherein he stated:
have gone through the following and I am pleased to accept the terms and
conditions of appointment stated through the above said offer and letters.
resigned from my present job/ assignment on 28.1.1997, giving three months
notice, which expires on 28.4.1997.
requested them to relieve me at the earliest, if they could do the same, by
waiving the notice pay/ period.
would join your organization as and when I am relieved, but I assure you that I
would join CEERI VIDYA MANDIR latest by 30.04.1997 (i.e. on or before
30.04.1997)." The learned counsel appearing on behalf of the appellant
would submit that the respondents are bound by the doctrine of promissory estoppel
and keeping in view the stand taken by the then Managing Committee regarding
benefit of the revised scale of pay by way of pay protection, the new Managing
Committee could not have resiled therefrom.
learned counsel appearing on behalf of the respondents, on the other hand,
submitted that whereas the appellant was entitled to protection of pay, he had
never been assured that the benefit of the revised scale of pay would also be
given to him with retrospective effect.
appellant had been given the benefit of pay protection. He accepted the same.
He had moreover been given also additional benefits.
the offer of appointment cannot be read so as to extend such benefits in regard
to the applicability of the recommendations of the Fifth Central Pay Commission
which would come in force in future. The respondents in that sense are right in
contending that their being no commitment in that behalf, the question of being
bound by the purported commitment did not arise. Revision of pay took place
subsequently. It was, therefore, a subsequent development.
be true that even the respondents expected that the recommendations of the Pay
Commission would be implemented from April, 1997, but if for one reason or the
other, the same was given effect to from 1.07.1999, a promise cannot be said to
have been made out that irrespective of the implementation of the report of the
Pay Commission, the appellant would be given the benefit thereof.
be that the respondents in its letter dated 21.01.1997 stated "as the Pay
Commission Report is likely to be implemented in our school from April, 1997,
after its announcement, therefore, your pay will be automatically", but
the same cannot be said to be a clear promise which would attract the principle
of promissory estoppel.
appellant was not entitled to the benefit of the recommendations of the Fifth
Central Pay Commission with effect from 1.01.1996.
of the Fifth Central Pay Commission were made applicable by the respondent in
its school only from 1.07.1999.
of the parties are not governed by any statutory provisions.
have to be considered having regard to the terms and conditions contained in
the offer of appointment as also the subsequent correspondences of the parties.
The letter dated 21.01.1997 speaks of payment of difference between the last
drawn salary and salary payable to the appellant on his joining Respondent School
on implementation of the Report of the Pay Commission. The same did not mean
that the respondents were bound to implement the same with retrospective
one thing to say that the benefit of pay protection was accorded to him on the
basis of his last drawn pay but it is another thing to say that he should be
given the benefit of revised scale of pay with effect from 1997.
stand on different footings. The matter which was never contemplated by the
parties could not have been the subject matter of contract and, thus, could not
have been the basis for making a promise.
notice that the appellant in Ground I of Special Leave Petition stated:
the respondent in their special appeal have made a categorical statement that
after the Vth Central Pay Commission recommendations were implemented in their
school w.e.f. 1.7.1999, petitioner at par with other employees of the
respondent school, has been paid salary in the scale revised in accordance with
the Vth CPC recommendations" Contention of the respondents in this behalf
the other staff of the appellant school, to whom benefit of Fifth Central Pay
Commission has been given entered into contract with the appellants. These
contracts were entered by staff as per CES, service rule. However, the
respondent employee refused to sign such contract. Such contract needs to be
signed as per CBSE (with whom appellant is affiliated) guidelines." We
may, however, notice that the appellant himself in paragraph 2C- D of the
rejoinder affidavit stated:
it is submitted that it is not stated anywhere in the appointment letter that
signing of the contract was essential for getting the pay revision.
it is not a part of the appointment letter, signing of the contract would not
have been a problem had the contract been in accordance with the CBSE
Affiliation Bye-Laws. Further, the revised pay scale w.e.f. 01.07.1999 is
neither as per the Fifth Central Pay Commission recommendations nor is it as
per the State Government pay scale which is arbitrary and unreasonable"
The legality of the contract entered into by and between the parties is not in
- School, as noticed hereinbefore, is ready and willing to extend the benefit
of revised scale of pay with effect from the date when it was implemented by
it. Respondent School, thus, has not treated the appellant very unfairly or
unreasonably. A parity in payment of scale of pay between a private institution
and the employees of the State cannot be directed as the same does not pertain
to any legal right of a teacher.
notice that in Sushmita Basu and Others v. Ballygunge Siksha Samity and Others
[2006 (9) SCALE 459] a Division Bench of this Court opined that for issuing
such a direction an existence of a legal right in the teacher is imperative.
Court clearly held that interference in the affairs of a private educational
institution would be justified only if public law element is involved.
this case, only a limited notice had been issued and as the respondents are
ready and willing to extend the benefit of revised scale of pay to the appellant
in the event he enters into an agreement, we are of the opinion that no further
order need be passed.
counsel for the appellant submitted that despite the fact that a limited notice
had been issued, this Court should consider the applicability of the doctrine
of promissory estoppel in this case. We do not find any reason so to do.
Limited notice was issued by this Court so as to find out as to whether the
appellant was being discriminately dealt with vis-`-vis other teachers. Once it
is found that he has been dealt with fairly and reasonably, then there is no
reason as to why we would enlarge the scope of appeal at this stage.
placed by learned counsel on a decision of this Court in U.P. SRTC v. Mahendra Nath
Tiwari & Anr. [(2006) 1 SCC 118], does not lay any law in absolute terms.
Even in that case, the Court refrained itself from doing so stating:- "Of
course, when we are hearing the appeal on grant of leave or the petition for
special leave to appeal after notice, we are entitled to reopen the appeal in
its entirety and consider the question of punishment and the legality of the
reinstatement ordered by the Labour Court and affirmed by the High Court. This
could be done by giving a notice in that behalf to the respondent and giving
him an opportunity of being heard. But for the purpose of this case and at this
distance of time, we do not think that it is necessary to do so. Therefore,
somewhat reluctantly, we refrain from adopting that course, though, according
to us, this is a fit case where neither the Labour Court nor the High Court had
any justification in interfering with the order removing the respondent from
service" The jurisdiction of this Court in this behalf is not in dispute,
but exercise thereof would depend on the facts and circumstances of each case.
also submitted that the Division Bench of the High Court failed to properly
construe the respondent's letter dated 21.1.1997. We do not think so.
applicability of the doctrine of promissory estoppel is a question of law in a
given situation. The Division Bench for the said purpose did not enter into any
question of fact, although it was entitled to do so.
Management of Madurantakam Coop. Sugar Mills Ltd. v. S. Viswanathan [(2005) 3
SCC 193], this Court did not say that the High Court in exercise of its power
of judicial review can never enter into questions of fact but merely stated
that it has a limited jurisdiction in this regard stating:- "Normally, the
Labour Court or the Industrial Tribunal, as the case may be, is the final court
of facts in these types of disputes, but if a finding of fact is perverse or if
the same is not based on legal evidence the High Court exercising a power
either under Article 226 or under Article 227 of the Constitution can go into
the question of fact decided by the Labour Court or the Tribunal. But before
going into such an exercise it is necessary that the writ court must record
reasons why it intends reconsidering a finding of fact" The Division Bench
of the High Court in the impugned judgment has assigned reasons for interfering
with the findings of the Tribunal and the learned Single Judge. We do not find
any legal infirmity therein.
appeal is dismissed. No costs.