STATE OF HARYANA Vs. SUMITRA DEVI

JUDGEMENT

(1.) THE respondents herein were appointed on adhoc basis as JBT teachers on various dates in the year 1982-1983 in the school run by the State of Haryana. THEir qualification is JBT and Prabhakar, which they acquired prior to joining as JBT teacher. In the year 1957, the State of Punjab issued a Circular on 23rd July, 1957 directing that higher pay scale shall be granted to a particular class of teachers on acquiring the particular educational qualification. It is alleged that this Circular was made applicable to the State of Haryana also. Subsequently, on 5th September, 1979, State of Haryana issued an Order which provided for the grant of higher pay scale on acquisition of higher qualification which was superceded by Government Order dated 9th March, 1990 which runs as follows:

(2.) IN the year 1996 the respondents filed a writ petition in the Punjab and Haryana High Court contending that as they possessed qualification of B.A. or B.Ed. or both, they are entitled to a higher scale of pay in terms of the aforementioned 1998 circular and the State be directed to give them the scale of pay admissible to Hindi teacher. The High Court relying upon a decision in Rattan Singh and Ors. vs. State of Haryana, (1994 (Vol. 3) Recent Service Judgment 220) allowed the petition and issued a direction to the appellant herein to accord pay scale of Hindi teacher to the respondents. It is against the said judgment that the appellant is before us in appeal by way of special leave petition.

(3.) IT is, therefore, not a case where the petitioners had acquired a qualification prior to 9th March, 1990 while acting as teachers of masters. The circular letter dated 9th March, 1990 clearly states that a higher scale of pay would not be admissible to them despite holding a higher qualification having appointed on a lower post such a higher scales of pay was admissible only to such teacher/masters who had enhanced their educational qualification during the course of service. The petitioners, therefore, were not entitled to higher scale of pay. The learned counsel for the respondents submitted that keeping in view the fact that persons having similar qualification are getting higher scales of pay and as such this Court should not interfere with the impugned judgment. The submission of the learned counsel cannot be accepted for more than one reason. As the persons who have been granted higher scales of pay enhanced their qualification while holding their offices they had been allowed to continue to get a higher scale of pay in view of the concession made by the learned counsel appearing on behalf of the State. This Court both in Wazir Singh (supra) and Kamal Singh Saharwat (supra) as indicated hereinbefore in no uncertain terms held that even such holders of such offices would not automatically be entitled, on acquisition of a higher qualification as higher scale of pay. The petitioners, as noticed, already had higher qualification and thus not entitled to benefit of any circular whatsoever. Unfortunately, this aspect of the matter have not been taken into consideration by the High Court. Further more, even an order cannot be passed under Article 142 of the Constitution of India which will be contrary to the Statute or statute of the Rules.