STATE OF HARYANA Vs. HEM LATA GUPTA

JUDGEMENT

(1.) THESE appeals are directed against the orders of the Punjab and Haryana High Court whereby the alleged denial of advance increments to the writ petitioners (respondents herein) has been declared illegal and the appellants have been directed to grant them increments in terms of the instructions issued by the Government of Punjab vide Memo No. 6462-ED-II(2)60/32640 dated 1.9.1960 and the Government of Haryana vide letter No.152-Edu-II-69/540 dated 5.1.1968.

(2.) THE respondents joined service as teachers in different categories i.e., Lecturers, Masters/Mistresses, Language Teachers and Physical Training Instructors either in the undivided State of Punjab or the newly formed State of Haryana, which came into being with effect from 1.11.1966. Some of the respondents possessed post-graduate qualifications at the time of entry in the service while others claim to have acquired such qualifications after joining the service. Smt. Hem Lata Gupta and others filed Writ Petition No. 18638/1997 for issue of a mandamus to the concerned authorities of the Government of Haryana to give them benefit of 2/3 advance increments from the date of acquiring post-graduate qualifications in terms of Memo dated 1.9.1960 issued by the Government of Punjab. THE same was disposed of by the High Court with a direction that representation dated 1.10.1997 submitted by the writ-petitioners be decided by the competent authority by passing a reasoned order. In compliance of the Court's directive, the Director of Secondary Education, Haryana (for short, 'the Director'), passed order dated 30.7.1998 whereby he rejected the claim of the respondents on the ground that after fixation of their pay in the revised pay scales in terms of the policy contained in letter dated 5.1.1968 of the Government of Haryana, the teachers are not entitled to advance increments in terms of Memo dated 1.9.1960 issued by the Government of Punjab. THE Director also observed that the instructions issued by the Government of Punjab were applicable only to the Masters working in the grade of Rs.110/250 and were not applicable to other teachers like Junior Basic Teachers, Language Teachers, Art and Craft Teachers, Physical Training Instructors, Headmasters and Lecturers and, therefore, they cannot claim advance increments in terms of those instructions. For the sake of reference, the relevant portions of order dated 30.7.1998 are extracted below:-

(3.) SHRI P.N. Misra, learned senior counsel appearing for the appellants argued that as a result of revision of pay scales of the teachers with effect from 1.12.1967, the policy contained in Government of Punjab Memo dated 1.9.1960 will be deemed to have been superseded and the High Court committed serious error by relying upon the said memo for issuing a mandamus for grant of advance increments to the respondents. SHRI Misra referred to letters dated 5.1.1968, 20.6.1977 and 20.12.1982 issued by the Government of Haryana and argued that once the State Government took a conscious decision to revise the pay scales of teachers and grant them increments on fulfillment of the specified conditions, the instructions issued by the Government of Punjab could not be invoked by the respondents for claiming benefit of advance increments. On the other hand, SHRI Balbir Singh Gupta, learned counsel for the respondents argued that on acquiring higher qualifications, his clients became entitled to advance increments in terms of Memo dated 1.9.1960 issued by the Government of Punjab and they cannot be deprived of that right simply because the Government of Haryana decided to revise the pay scales with effect from 1.12.1967.