SANTOSH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Whether the benefit of higher scale of pay granted to the petitioner could be withdrawn merely because she had acquired the higher qualification before joining service is the short question which arises for our determination in this writ petition filed under Article 226 of the Constitution.

(2.) Facts giving rise to this petition may first be noticed. Petitioner joined as a JBT Teacher on ad hoc basis on 2.11.1983 and her services were regularised with effect from 1.11.1986. She is presently working as JBT Teacher in Government High School, Kambohpura (Karnal). She acquired the qualification of B.A. on 23.7.1980 before joining service. The composite State of Punjab had issued a circular letter dated 23.7.1957 revising the pay scales of various categories subordinate services including teachers. While fixing revised pay scales in respect of different categories of teachers in the Education Department, two broad categories, namely, Category A and Category B of teachers were created laying down inter alia the requirements of their academic qualifications. It is important to note that the scale of pay was linked to the qualifications. This circular letter remained operative in the State of Punjab and Haryana even after the reorganisation of the State in the year 1966. In March, 1990, the State of Haryana revised the pay scales of teaching personnel of the Education Department and decided to give a go-bye to the earlier principle of linking the pay scales with the acquisition of higher qualifications. It was stipulated that teachers acquiring higher qualifications would not be entitled to the higher grade with effect from the respective dates of their acquiring those qualifications. It was decided that the Masters/Teachers in the Education Department would be placed in the scales of pay of their respective categories to which they are appointed against the sanctioned posts and mere possession/acquiring of higher qualifications will not automatically entitle them to claim higher pay scales. A circular letter dated 9.3.1990 was issued in this regard.

(3.) The matter regarding grant of higher pay scales to JBT Teachers in terms of composite Punjab Government letter dated 23.7.1957 who had acquired B.A. qualification up to 8.3.1990 was again considered by the State Government in 1995. It was decided to grant higher pay scales in terms of the letter dated 23.7.1957 to the JBT Teachers of Government Schools from the dates of acquiring B.A. qualification by them and the benefit was confined to those JBT Teachers who had acquired the qualification of B.A. up to 8.3.1990 subject to the condition that the arrears shall be restricted to 38 months preceding the date of issue of the letter. The decision was circulated by letter dated 26.10.1995 (Annexure P-2 with the writ petition). The petitioner, as observed earlier, had acquired the qualification of B.A. on 23.7.1980, that is, before the cut of date 8.3.1990 fixed in the letter Annexure P-2 and was, therefore, entitled to the higher scale in terms of this letter. Her case for the grant of higher pay scale was taken up by the Headmistress, Government High School, Kambohpura and the same was sanctioned to her on 4.12.1995 with effect from 1.11.1986. The order of the Headmistress was verified by the Section Officer, Office of the District Primary Education Officer, Karnal. This order is Annexure P-3 with the writ petition. The benefit of higher scale granted to the petitioner is now sought to be withdrawn on the ground that the petitioner was not entitled to the same as she had acquired the higher qualification of B.A. before joining service. It is against this action of the respondents that the present petition has been filed.