RAM KISHAN SHASTRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner joined the service of Education Department, Haryana on 1.10.1957. He belongs to Classical Vernacular (Men) State Cadre. This Cadre consists of Hindi, Punjabi, Drawing, S.V. and Sanskrit teachers. They are all born on a common seniority list which was circulated on 1.1.1985. The petitioner on entry into service possessed the qualification of Matric and S.T.C. On 4.5.1968, the Haryana Government decided to revise the scales of pay of Sanskrit Teacher possession Shastri qualification with one year O.T. diploma. Scale of Rs. 200-8-300/10-400 was given to 85% of the posts and scale of Rs. 400-2-500 was given to the remaining 15% of the posts. Relying on the aforesaid decision, the petitioner improved his qualifications by passing the examination of Shastri. The petitioner was thereafter granted the Sanskrit Grade with effect from the date of the passing the Shastri qualification. The service conditions of the petitioner are governed by the Punjab Education Class-111 School Cadre Rules, 1955. Under rule 7, the posts in the service are to be filled by direct recruitment, transfer or by promotion. The qualification for vernacular teacher is Shastri S.T.C. or with O.T. certificate. The petitioner already possessed the qualification of S.T.C. with the passing of the Shastri qualification on 15.11.1970, the petitioner became duly qualified for the post of Sanskrit Teacher w.e.f. 15.11.1970. The petitioner was, therefore, granted the higher scale w.e.f. 15.11.1970, by order dated 23.2.1978. A show-cause notice was issued to the petitioner on 22.10.1986 as to why the Sanskrit Grade in the scale of Rs. 220-400 w.e.f. 15.11.1970 and the provisional selection grade in the scale of Rs. 400-500 w.e.f. 11.1.1974 be not withdrawn from the respective dates. The petitioner gave a detailed reply. The explanation given by the petitioner had been rejected. The Shastri Grade as well as the Selection Grade granted to the petitioner by order dated 23.2.1978 w.e.f. 15.11.1970 and 11.1.1974 respectively has been withdrawn. This action is challenged by the petitioner in the present writ petition under Articles 226/227 of the Constitution of India.

(2.) It is submitted by Mr. R.K. Malik that the action taken by the respondents is violative of Articles 14 and 16 of the Constitution of India. All the teachers in the C&V Cadre performed the same duties and are borne on the same seniority list. Therefore, two different scales cannot be given to the teachers depending on whether they had the qualification of O.T. at the time of joining the service. The petitioner possessed the requisite qualification for appointment of S.T.C. It is further submitted that the controversy herein has been resolved by the decision of this Court in C.W.P. No. 59 of 1970, decided on 18.1.1971.

(3.) In the written statement, it is stated that the petitioner acquired the Sanskrit Teacher qualification on 15.11.1970 while he was in service, and therefore, he is not entitled to the Grade of Sanskrit Teacher. It is further stated that in accordance with the instructions contained in letter No. 7/125-71-EIII(4) dated 10.1.74, the grade of Rs. 220/400 is to be given to such Hindi/Sanskrit Teacher who possesses the qualification of Shastri O.T. at the time of their appointment. The petitioner had been inadvertently given the benefit of the higher scale in the selection grade. In any event, the grant of the selection grade was provisional subject to the qualifications being verified. Therefore, it is submitted that the impugned order is valid and deserves to be upheld.