of Haryana & Anr Vs. Ravi Bala & Ors  INSC 1504 (26 November 1996)
O R D
have heard learned counsel on both sides.
respondents had filed writ petition claiming higher scale of pay on their
acquiring B.T./E.Ed. qualification.
they were appointed as Junior Basic Teachers.
improved their qualifications and claimed parity on the basis of the letter
issued by the then Punjab Government on July 23,1957 in Circular No.5056-FR-11/57. The
High Court issued the directions. Thus, this appeal by special leave.
controversy is covered by the Judgment of this Court in Wazir Singh vs. State
of Haryana [1995 Supp.(3) SCC 697] wherein this Court held while dealing with
the revision of the pay-scale of Government employees, i.e., teaching personnel
of the Education Department, the Government of Haryana had in their policy
instructions dated March 9, 1990 expressed in unequivocal terms that the
intention to retract from the earlier principle that teachers acquiring the
B.T. or B.Ed. degree would be entitled to the higher grade with effect from
the respective dates of their acquiring that qualification. therefore, as they
did not acquire the qualification before 9.3.1990, they are not entitled to the
benefit of the higher grade of pay automatically.
contended by Shri Pankaj Kalra, learned counsel for the respondents, that this
controversy was considered by this Court in Chaman lal vs. State of Haryana
[(1987) 3 SCC 213] and the Government cannot by the memo dated March 9, 1990
set at naught the judgment of this Court. We find no force in the contention.
It is seen that the Government have specifically explained in their letter that
though the composite Punjab State had issued the above circular which was accepted by the Kothari
Commission, the Government of Haryana after its letter dated January 5, 1968 had not followed that Punjab Order.
However, it was construed that the Government have adopted the above letter. In
that light, they had reconsidered the entire issue and stated in paragraph 6 of
the letter thus:
In order to remove the confusion being created by misconstruing the intention
of the Govt., the whole matter has been reconsidered by the whole matter has
been reconsidered by the State Govt. As a result of the reconsideration to
clarify that the teachers of the Education Department are not entitled to be
placed in the high scales of pay in terms of para 2 of the Punjab Govt. letter
No.5056-F-11-57/6600 dated 23rd July, 1957
or any subsequent letters/notifications issued by the Haryana Govt. referred to
in the preceding paras, which letters already become inoperative on their
improving/acquiring higher qualifications during the course of their service
automatically. the masters/teachers in the Education Department will be placed
in the scales of pay appointed against the sanctioned posts and mere
possessing/acquiring of higher qualifications will not entitle them
automatically to claim higher pay scales." This letter was considered by
this Court in Wazir Singh's case and it was held that those who acquired the
qualifications are not automatically entitled to the fitment in the higher pay
scales. In the judgment in Wazir Singh's case itself it was mentioned in para
10 that the counsel appearing for the State had conceded that all those who had
acquired B.T. and/or B.Ed. before March 9, 1990 would be entitled to get higher
scales of pay in terms of para 2 of the Punjab State's letter dated July 23,
1957. Therefore, the circular of the Government dated March 9, 1990 would be prospective in candidates
who acquired the qualifications on and after the said date and they are not
entitled to higher scale of pay.
appeal is according allowed, but in the circumstances, without costs.
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