State
of Haryana & Ors Vs. Rajpal Sharma &
Ors [1996] INSC 859 (25
July 1996)
G.B.
Pattanaik (J) G.B. Pattanaik (J) Ramaswamy, K. G.B. Pattanaik, J.
CITATION:
JT 1996 (6) 710 1996 SCALE (5)517
ACT:
HEAD NOTE:
Delay
condoned.
Leave
granted.
These
appeals by special leave are directed against the judgment of the High Court of
Punjab and Haryana dated 19th
August, 1994 in Civil
writ Petition Nos. 5354 of 1991 and 10324 of 1992. By the impugned judgment the
High Court has directed that the respondents would be entitled to the same
scales of pay and privileges as are available to their counter-parts in
government schools. Admittedly the respondents are JBT teachers in Privately
Managed Aided Schools in Ambala District in the State of Haryana. While they continued as employees
of private schools much prior to the Haryana State was formed, the State of Haryana by issuance of Notification dated 3rd January, 1968 revised the pay scales of the
teaching personnel with effect from 1st December, 1967. These respondents acquired higher
qualification while continuing in service and therefore claimed higher scales
of pay as is being admissible to their counter-parts in government schools. The
State Government having refused the claim, they approached the High Court by
way of writ petitions. The High Court relying upon the earlier decision of the
same court in Civil Writ Petition No. 876 of 1988 granted the relief and hence
the present appeals.
Mr. Prem
Malhotra appearing for the appellant State contends that the schools in question
being Privately Managed Aided Schools, the employees thereof are entitled to reimbursment
of 95% of budgetary deficit by way of grant and therefore the State is not
bound to grant these employees the scales of pay as is admissible to their
counter-parts in government schools. Mr Palli appearing for the respondents on
the other hand contended that it has been held by this Court that teachers of
aided schools must be paid the same scales of pay and other allowances as
teachers of he government schools and therefore the High Court was fully
justified in granting the relief sought for. The question that arises for
consideration is whether the teachers of privately aided schools in the State
of Haryana would be entitled to the same scales of pay and other allowances as
are admissible to their counter-parts in government schools? In Chaman Lal and
Others vs. State of Haryana and another, (1987) 3 SCC 113. the
question for consideration was whether teachers who started as Basic Trained
teachers and later acquired the higher qualification, whether would be entitled
to higher scales of pay? This Court considered the recommendations of the Kothari
Commission and different Circulars of the state of Haryana and came to hold
that those teachers who acquired the higher qualification would be entitled to
the higher scales of pay as soon as they acquired the qualification
irrespective of the date when they were adjusted against posts of Masters. In
this case no doubt the appellants were teachers of a Government school.
The
question of parity in pay scales between the teachers of a recognised aided
school and the teachers of a Government school, as in the present case, came up
for consideration in the case of Haryana State Adhyapak Sangh and others vs. State
of Haryana and others, (1988) 4 SCC 571. This Court came to the conclusion that
the teachers of aided schools must be paid the same pay scale and dearness
allowance as teachers in government schools for the entire period served by
them and that the expenditure on that account should be apportioned between the
State and the Management in the same proportion in which they share the burden
of the existing employments of the teachers. The aforesaid decision of this
Court was considered again by a three Judge Bench in the case of Haryana State Adhyapak
Sangh and others vs. State of Haryana, 1990 (Suppl) SCC 306 and by way of
clarifying the earlier decision, this Court observed:
"These
observations leave no scope for doubt that this Court has directed that the
teachers of aided schools must be paid the same scales of pay and dearness
allowance as teachers in government schools and that the said payment must be
made for the entire period claimed by the appellants and the petitioners in
these cases.' In paragraph 12 of the Judgment the Court issued the following
directions:
'(i)
The pay scales of the teachers of government aided schools shall be revised so
as to bring them at par with the pay scales of teachers of government schools
with effect from April 1, 1979 and the differential amount as a result of such
revision in pay scales shall be paid in four six monthly instalments, the first
instalment being payable by June 30, 1990.
(ii)
The teachers of the government aided schools shall be paid additional dearness
allowance on the basis of revised pay scales with effect from April 1, 1979 to
December 31, 1985 and the arrears of such additional dearness allowance found
payable as a result of such revision shall be paid along with the last part of
the five instalments of additional dearness allowance which is to be paid in
September 1990.
(iii)
The parity in the pay scales and dearness allowance of teachers employee in
aided schools and those employed in government schools shall be maintained and
with that end in view the pay scales or teachers employed in government aided
schools shall be revised and brought at par with the pay scales and dearness
allowance payable to the teachers employed in government schools with effect
from January 1, 1986.
(iv)
As from April 1, 1990 the teachers employed in aided
schools shall be paid the same salary and dearness allowance as is paid to
teachers employed in the government schools.
(v)
The arrears of pay and dearness allowance payable as a result of such revision
for the period from January 1, 1986 to March 31, 1990 shall be pain in four six
monthly instalments, the first such monthly instalments, the first such instalment
being payable by June 30, 1990.
In the
impugned judgment the High Court has merely stated that the petition is allowed
in the same terms as in C.W.P. No. 876 of 1988. C.W.P. No. 876 of 1988 was
disposed of with the direction that the State would determine the benefits
available to the teachers in the light of the judgment of Supreme Court
including the grant of increments as has been granted to their counter-parts
working in the government schools. The positive direction in Haryana State Adhyapak
Sangh and others vs. State of Haryana. 1990
(Suppl) SCC 306 to the effect that as from April 1, 1990 the teachers employed
in aided schools shall be paid the same salary and dearness allowance as is
paid to teachers employed in government schools, leave no room for doubt about
the grant of the said benefit to the respondents herein who are the teachers in
privately managed aided schools in Ambala District in the State of Haryana.
Accordingly,
we find no infirmity with the impugned judgment requiring interference by this
Court under Article 136 of the Constitution. These appeal are accordingly
dismissed but in the circumstances there will be no order as to costs.
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