DELHI ADMINISTRATION Vs. OM PRAKASH VERMA

JUDGEMENT

(1.) These three Letters Patent Appeals (Nos. 69 of 1984, 75 of 1984 and 77 of 1984) have been heard along with L.P A. Nos. 1 and 7 of 1980, in which a separate judgment has been delivered today. As held in the judgment in L P.A. No. 1 of 1980, the effect of the two circulars of 1950 and 1954 is to revise the pay scales of Physical Training Instructors The circular of 1950 can be reproduced here again with advantage. We may say that it is part of a long document revising pay scales for a number of different posts. But. we are only concerned with Physical Training Instructors, which is entry No. 4 in the document. The proposed new scales of pay are as, follows : 345 "Sr.No. Post Proposed Scale Minimum qualifications Remarks 4. Physical Training Instructors 120-8-EB-10-300 Graduate with Diploma in Physical Training. Future minimum from 1-4.1950. 100-5-150-EB-8-190-10-250. Intermediate with Certificate in Physical Training. Temporary relaxation for existing employees. 80-5-120.EB-8-200-10/2-220. Matric with Certificate in Physical Training. 68-4-120-EB-5-170. Any recognised qualifications." The remarks column would show that the minimum after 1st April, 1950, was to be Rs. 120-300, but there was a temporary relaxation for existing employees who were not Graduates. For these persons the pay scales were Rs. 100-250 for Intermediates with Certificate in Physical Training and Rs. 80-220 for Matriculates with the said Certificate. For persons with even lesser qualifications the pay scale was Rs. 68-170. It appears that notwithstanding the new pay scales, persons not holding the minimum qualifications and the Diploma continued to be employed as Physical Training Instructors. This may be due to shortage of Graduates or for any other reason, we cannot say at this stage. In any event, the two persons involved in these appeals, namely, Shri A.S. Tiwari, and Shri Om Parkash Verma joined the Birla Higher Secondary School as Physical Training Instructors on 15th July, 1951 and 15th July, 1953, respectively. Both were given the post of Junior Physical Education Teacher in the pay scale of Rs. 68-170, which is the lowest scale mentioned in the circular. Shri Tiwari was a Matriculate holding a Certificate in Physical Training whereas Shri Verma was an Intermediate with a similar Certificate. It is probable that this lowest scale was given to these two persons when they joined as Instructors on the basis that they were unqualified persons. The position changed subsequently as will appear later.

(2.) In 1954, the amended circular was issued fixing new pay scales. This circular ran as follows : AMENDMENTS TO THE SCHEDULE Pay Scales Minimum Qualifications Remarks as amended The Delhi Law Times (ii) 100-5-150-8-190- EB-10-250. (iii) 80-5-120-EB-8- 200-10/2-200. (iv) 68-4-120-EB-5- 170. 2. High Schools: Physical Training Instructor. 3. Middle Schools: Physical Training 1986 Inter with Certificate in PT. Matric with Certificate in PT. Any recognised PT qualification. (The same as prescribed above for Higher Secondary Schools). (i) 80-5-120-EB.8- 200-10/2-220. (ii) 68-4-120-EB-5. 170. Matric with Certificate. Any recognised PT qualification. I am further to say that the revision of scales of pay as detailed above will take effect from the date of issue of these orders. Sd/- Dhani Ram Under Secretary"

(3.) If these pay scales had come into operation immediately and were applied to the two parties involved in this litigation, namely, Shri A.S. Tiwari and Shri Om Parkash Verma, their pay scales should have become Rs. 80-220 in the case of Shri A.S. Tiwari and Rs. 100-250 in the case of Shri Om Parkash Verma with effect from 17th June, 1954.