OM PARKASH ARYA, TEACHER AND OTHERS Vs. THE STATE OF HARYANA THROUGH THE SECRETARY TO GOVERNMENT HARYANA DEPARTMENT OF EDUCATION, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) THE reference for decision to the Full Bench in this case related to the admissibility of the claim for reclassification as Group 2 and for payment of higher scale of pay to the teachers in Group 1 of Category B on their acquiring the qualification of a degree of a University with effect from the date of their acquiring the said qualification.

(2.) THE Government of Punjab before the Reorganization Act, 1966, in their circular letter dated July 23, 1957, directed revision of the pay -scales of various categories of subordinate officers including teachers in the Education Department. Paragraph 3 of this circular placed the teachers in the Education Department into two distinct categories, namely, Category A and Category B and, inter alia, laid down the requirement of academic qualifications with respect to each of these categories. The relevant part of the paragraph reads as follows: -

(3.) A similar question came up for consideration before the Supreme Court in Punjab Higher Qualified Teachers Union (Non -Petitioners) and others v. State of Punjab 1986 1 SVLR (L) 12. In that case, a group of teachers belonging to Group 1 of Category B filed petitions under Article 32 of the Constitution before the Supreme Court and questioned the orders of the Government refusing them to give the status of Group 2 Category B and higher scale of pay as belonging to that Group on their acquiring the degree qualification and the view of the Government that the eligibility for the claim of Group 2 Category B scales depended not merely upon their acquiring higher educational qualification of B.A. etc but also to having the requisite professional trainings, i.e., JST/JAV training, is not tenable. The argument of the Government in that case was that the later portion of the description in Group 2, namely "plus JS training" qualifies every one of the qualifications referred to earlier, namely. B.A., Inter or Matric and that unless the requisite professional training of JAV is also acquired, they are not eligible to be placed in Group 2. Repelling this contention of the Government, the Supreme Court observed: -