ATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Although more than 44 years and 6 months ago, the people of India decided to constitute India into a Sovereign Socialist Secular Democratic Republic and further decided to secure to all its citizens equality of status and of opportunity; social, economic and political justice and gave to themselves a written Constitution, equality before law, as enshrined in Articles 14,15 and 16 continues to be a paper equality for a large segment of the society. People are forced to seek intervention of the Courts for remedy of those grievances which should normally be remedied by the executive wing of the Government. Likewise though the doctrine of "equal pay for equal work" which is enshrined in Article 39(d) has been treated as an integral part of the doctrine of "equality before law" as contained in Articles 14 and 16, the administrative authorities do not give effect to the said doctrine resulting in avoidable litigations in the Courts. Case of the petitioners is illustrative of the failure of the respondents to abide by these constitutional dictates. This is the position even after rendering of a judgment by this Court in Civil Writ Petition No. 2115 of 1972, decided on 22.10.1981, directing the grant of salary to those petitioners, at par with Sanskrit teachers.

(2.) All the petitioners are employed as Hindi teachers in Government Schools which are under the control of the Department of Education of Government of Haryana. All are substantive in service. They form cadre of Classical and Vernacular Teachers and their service conditions are regulated by the provisions of the Haryana Educational Service Class II, School Cadre Rules. This cadre includes teachers of various disciplines including Sanskrit and Shastries. There is a common seniority list of these teachers. Pay scale of the cadre of Classical and Vernacular Teachers were revised w.e.f. 1.12.1967 and it was prescribed as Rs.125-250. By a subsequent order dated 4.5.1968, the State Government further revised pay of language teachers. Pay scale of Sanskrit Teachers was revised to Rs.220- 400 (85% posts) and Rs.400-500 (15% posts). Pay scale of other language teachers were, however, not revised. This resulted in a discriminatory situation amongst the teachers belonging to cadre of Classical and Vernacular Teachers.

(3.) Petitioners have pleaded that when there exists a common cadre of teachers in common seniority list and the same set of rules govern their services, the Government cannot discriminate them in the matter of grant of pay scales or revision thereof. Petitioners have pleaded that the parity in the pay scales which was maintained till 1968, has been unlawfully disturbed by the respondents.