RAMESH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Romesh Chander petitioner by means of this petition under Art. 226 of the Constitution of India has prayed for the issuance of a writ of Mandamus to revise the pay scale of the petitioner and bring it at par with the pay scale of teachers of the corresponding category in the Punjab. Prayer was also made in the petition for quashing the order contained in letter dated April 22, 1968, but the petition has been pressed in that respect. The respondents named in the petition are, the Union of India, Ministry of Home Affairs, respondent NO. 1, Himachal Pradesh Administration, respondent No. 2 and Secretary to the Government of Himachal Pradesh, Education Department, respondent No. 3.

(2.) The petitioner is serving as a Junior Basic Teacher at the Government High School Nagrota Surian, District Kangra. Till October 31, 1966 Kangra was a part of the Punjab and as such till that date the petitioner was serving under the Punjab Government. On the reorganization of the Punjab, Kangra became a part of the Himachal Pradesh with effect from November 1, 1966. As the petitioner continued to serve in the above school, the petitioner's services were provisionally allocated to Himachal Pradesh by the Central Government.

(3.) In 1964 the Central Government appointed a Commission to study the various aspects of the education in the country including service conditions of the teachers. The Commission was headed by Dr. D.S. Kothari and is popularly known as Kothari Commission. The Commission submitted various recommendations in early part of 1966 including those relating to the revision of pay scales of teachers. Those recommendations were under the active consideration of Central and Punjab Governments before the reorganization of the State of Punjab. After the reorganization of the State of Punjab, the Punjab Government in pursuance of the recommendations of the Kothari Commission revised the scales of the Government teachers with effect from November 1, 1966. Letter dated July 29, 1967 was addressed by the Punjab Government in this connection. The scale of Junior Basic Teachers was fixed at Rs. 125-5-250/10-300. The petitioner, who claims to be the District President for Kangra District of the Primary Teachers Federation, asserts that as the pay scales of the teachers have been revised in the Punjab in accordance with the recommendations of the Kothari Commission, they should be similarly revised in Himachal Pradesh so that the pay scales may be at par with those prevailing in the Punjab. It is also alleged that similar revision of pay scales of teachers has taken place in Haryana. Reference has also been made to assurances held out by the Education Minister of Himachal Pradesh, when the teachers threatened strike and dharna, that efforts would be made by the Pradesh Government to secure for teachers grades recommended by the Kothari Commission.