GIAN CHAND GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are working as teachers in various Government Schools in the State of Haryana, filed this writ petition for issuance of a writ directing the respondents to grant them the higher pay scale from the date of their acquiring the qualification of B A. or equivalent examination, according to the orders of the Government.

(2.) The erstwhile State of Punjab issued a Circular dated 23.7.1957, revising the pay scales of the employees of the Government including the teachers working in Education Department for possessing higher qualifications. When the relief of higher pay scales was denied to some of the teachers who have acquired higher qualification, approached this Court through different writ petitions. Those writ petitions were allowed. The matter was also decided by a Full Bench of this Court in CWP No.484 of 1986 (Om Parkash Arya versus State of Haryana & Ors.). The Supreme Court also in Civil Appeal No.3799 of 1983 (Avtar Singh versus Manmohan Singh & Ors.) and Chaman Lal& Ors. versus State of Haryana & Ors., 1987 4 SLR 4. This Court in view of the orders of the Supreme Court held that the Circular is applicable to the teachers working in the State of Haryana. In CWP No. 10365 of 1994 (Haryana Rajkiya Adhyapak Sangh versus State of Haryana & Ors.), decided on 31.1.1995, a Division Bench of this Court held that that teachers are entitled to the relief in view of various decisions of the Supreme Court and a large number of other decisions of this Court. After considering various pronouncements of this Court as well as of the Supreme Court a Division Bench of this Court in CWP No.15630 of 1993 (Rattan Singh & Ors. versus Haryana State etc.), decided on 14.9.1994, directed the respondents to give relief to the petitioners by fixing their pay in the higher scale from the date they acquired the requisite qualifications. Thus it has been consistently held that the Circular dated 23.7.1957 is applicable to all the teachers in the Education Department.

(3.) The Supreme Court in Mamleshwar Prasad & ors. versus Kanahaiya, 1975 AIR(SC) 907 observed as follows:-