SMT. HEM LATA GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, we propose to dispose of Civil Writ Petition Nos. 4354, 4578, 11247, 14070, 17842 of 1998, 5805, 7255, 7325, 7367, 7390, 7402, 7589, 12264, 14014, 15939 of 1999, 16, 323, 1885, 9155, 10296 and 14567 of 2000. It was contended that in all these writ petitions identical question is involved pertaining to Masters/Mistresses, Headmasters or equivalent posts. We may make it clear that nothing said herein is any expression of opinion pertaining to J.B.T. teacher or any other person holding any other post in the Education Department.

(2.) Since the questions involved in all these writ petitions are common, we are taking the basic facts from Civil Writ Petition No. 17842 of 1998 titled Smt. Hem Lata Gupta and others v. State of Haryana and others.

(3.) The facts alleged are that the petitioners have been working as Masters/Mistresses/Headmasters etc. in various Govt. Schools in the State of Haryana. Before the State of Haryana was carved out of the State of Punjab, the State of Punjab vide circular dated 23.7.1.597 had revised the pay scales of the teachers w.e.f. 1.5.1957. It was decided that the teachers in the Education Department would be entitled to the pay scales according to their qualifications. It had been decided that the teachers falling in category A i.e. Masters/Mistresses etc. and possessing the qualifications of B.A./B.Sc./B.Com./B.Sc. (Agricultural) and B.T./Diploma in Physical Education would be given a higher start of pay. For those who possessed the qualifications of M.A./M.Sc. it was provided that they would be given two increments in case they are M.A./M.Sc./M.Ed. in third Division and five increments to M.A./M.Sc./M.Ed. in Ist Division. When the instructions were not implemented, there were representations filed by the teachers. The Govt. of Punjab on 1.9.1960 accorded sanction for the grant of advance increments to teachers/Masters who improved or acquired the postgraduate qualifications but the benefit was reduced to three increments for those who passed M.A./M.Sc./M.Ed. qualification in Ist Division or 2nd Division and two increments if they passed it in third Division. The above decisions of the erstwhile State of Punjab were applicable to the State of Haryana after its bifurcation or reorganisation from the erstwhile State of Punjab from 1.11.1966. The Haryana Government had further issued the orders dated 5.1.1968 directing another revision of the scales of pay of teachers working in Govt. Schools in 1968. It was stated in the order that scale of pay was being revised consequent on the acceptance of the recommendations of the Kothari Commission which strongly expressed the view that the scales of pay of teachers should be linked with the educational qualifications. It was stated that despite the decision of the Government when the teachers were not given the benefit of higher scale of pay on the basis of their higher qualifications, a number of writ petitions were filed by the teachers who passed the B.A./B.Sc./B.T./B.Ed. These writ petitions were allowed. It is claimed that the petitioners have acquired the post graduate qualification and, therefore, are entitled to the increments as per instructions that have been issued.