JAGDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners in these six cases are members of the Educational Service in the State of Haryana. They complain that the letter dated April 25, 1980 issued by the State of Haryana by which it was decided that 50 per cent posts of Headmasters/Headmistresses created with effect from October 12, 1979, or thereafter were to be reserved for the Masters/Mistresses of the Provincialised Cadre is illegal and unconstitutional as it violates the rights of the members of the service guaranteed under Articles 14 and 16 of the Constitution. The petitioners also allege that the action of the State Government in denying the benefit of the higher pay scale as sanctioned for the Masters/Mistresses belonging to the Provincialised Cadre to the members of the State Cadre is violative of the rule of equal pay for equal work. The petitioners consequently pray for the issue of a writ in the nature of mandamus to grant the "Headmasters Grade -- from the date of completion of 22 years of service ...". Counsel for the parties have referred to the facts as averred in Civil Writ Petition No. 6319 of 1993. These may be briefly noticed.

(2.) The petitioners are working as Masters. They belong to the State Cadre. They joined service on different dates during the years 1962 to 1970. The petitioners were appointed to their respective posts after regular selections. The posts of Masters were initially in the pay scale of Rs. 110-250 with selection grade of Rs. 250-300 to the extent of 15 per cent of the cadre strength. The pay scale was periodically revised. In the erstwhile State of Punjab, there were various schools which were being run by the Municipal and the District Boards. By an executive order dated September 27, 1957, the schools run by the Municipal Boards and the District Boards in Ambala and Jalandhar Divisions were taken over by the Education Department with effect from October 1, 1957. The services of the teachers who were working in these schools were also taken over by the State Government. As a result, they became employees of the State Government. The employees of the schools which were taken over by the State Government were called 'provincialised' teachers. With effect from October 1, 1957, they were given the same grades of pay and other allowances as were admissible to their counterparts who had initially joined service in Government schools. This parity was maintained at the time of revision of scale of pay up to April 1, 1979.

(3.) On April 25, 1980, the State of Haryana granted the pay scale of Rs. 700-1,250 to the persons who were working as Masters/Mistresses in the Provincialised Cadre with effect from October 12, 1979. The persons like the petitioners who were members of the State Cadre were not given this scale of pay. The petitioners further allege that as a result of implementing the report of the Fourth Pay Commission, the Masters and Mistresses belonging to the Provincialised Cadre were given the scale of Rs. 1,600-2,660 with effect from January 1, 1986. With effect from May 1, 1990, this scale was further revised to Rs. 2,000-3,500. As against this, the Masters and Mistresses in the State Cadre to which the petitioners belong were given the scale of Rs. 1,400-2,600 with effect from January 1, 1986. The petitioners allege that the Masters and Mistresses working in the two cadres (the State Cadre and the Provincialised Cadre) possess the same qualifications and discharge identical duties. The action of the State Government in granting different pay scales to the members of the two cadres is violative of Articles 14 and 16 of the Constitution as well as the principle of equal pay for equal work. In Civil Writ Petition No. 3953 of 1980, it has been also alleged that the members of the State Cadre and the Provincialised Cadre were eligible for promotion to the posts of Headmasters in the ratio of 13:1. By the order dated April 25, 1980, the State Government has decided to change the ratio to 50:50. This action, the petitioners' counsel allege, is violative of Article 16. It is further alleged that it amounts to change in conditions of service. The State of Haryana could not have brought about this change without the prior approval of the Central Government under Section 82(6) of the Punjab Reorganisation Act, 1966. The petitioners consequently pray that a writ in the nature of mandamus be issued directing the respondents to grant the pay scale of Rs. 700-1,250 to the Masters/Mistresses in the State Cadre in the same manner as it has been granted to the members of the Provincialised Cadre. They further pray that the notification dated April 25, 1980, be quashed to the extent it provides for the grant of promotion to the cadre of Headmasters on 50:50 basis.