PARVEEN KUMAR Vs. SAINIK SCHOOL SOCIETY

JUDGEMENT

(1.) Parveen Kumar, Master with Post-graduate qualification in the Sainik School, Kapurthala through present petition filed by him under Article 226 of the Constitution of India seeks issuance of writ in the nature of mandamus directing the respondents to grant him the pay scale that is admissible to a Lecturer in School of the Punjab Government as per Rule 15 of the Rules and Conditions for Affiliation as also directing the respondents to grant him additional remunerations keeping in view the service conditions of the teachers and other employees.

(2.) Brief facts of the case, on which the relief aforesaid is sought to rest, reveal that the petitioner was initially appointed as Master on June 16, 1969. It is his case that as per Rule 15 of the Rules and Conditions for Affiliation to C.B.S.E., the pay scales of teachers should not be lower than those of corresponding categories of teachers of the State in which the institution is located. It is further pleaded that the pay scale of school Lecturer in the State of Punjab is Rs. 1800-3200, and after eight years' service, the scale is of Rs. 2200-3500/- and after eighteen years' service the scale is of Rs. 2100-3700/-, as has been revised by the Government of Punjab, Department of Education, vide notification dated February 17, 1989. On the basis of Rule 15 of the Rules and Conditions for Affiliation to CBSE, petitioner made various representations but when the same proved abortive, present writ was filed.

(3.) Pursuant to notice issued by this Court, respondents have entered defence and contested the claim of the petitioner by filing written statement. It has been pleaded in the written statement filed on behalf of respondent No. 3 by way of preliminary objections that writ petition is not maintainable because the entire gamut of the emoluments structure of the employees of the Sainik School Society was considered by the Hon'ble Supreme Court of India in writ petition No. 1219 of 1987 decided on October 4, 1988 and reported as AIR 1989 SC 88. As per the said judgment, the pay scales of the teaching staff of the Sainik School Society of India were revised as per the recommendations of the Chatto Upadhaya Commission. The Supreme Court also dealt with other claims made by the petitioner in that writ petition which are similar to the claim raised by the petitioner in this petition and that these facts have not been disclosed. It is further the case of the respondents that they have decided to implement the recommendations of the Fifth Pay Commission to the employees of the Sainik School Society and as per the said recommendations, petitioner would now be placed in the pay scale of Rs. 6500-200-10500/- which is higher than the scale of lecturer in the Punjab Government schools, As per the rules governing the service conditions of the petitioner and other employees of the Sainik School Society, the scale of Masters teaching classes upto +2 stage is Rs. 1640-2900 and selection grade of Masters is Rs. 2000-3500/- which is considered after 12 years' service on the basis of his/her record of service during the entire length of service in the school, whereas pay scale of Assistant Masters (teaching upto Class X) is Rs. 1400-2600/- and the selection grade admissible to them is Rs. 1640-2900/-. The minimum qualification prescribed for Masters is Post Graduage Degree with B.Ed. and for Assistant Masters minimum qualification is degree in Arts or Science with B.Ed. Petitioner, who is teaching lower grade Course 'B' Hindi upto Class X, cannot be equated with lecturers either in the State of Punjab or any other Senior Secondary School due to the fact that Hindi is taught only upto Class Xth for which petitioner had been appointed and hence he should be equated with TGTs or Assistant Master by virtue of his duties/work-load. The petitioner has been enjoying the big advantage of higher pay scale due to the fact that initially all the teachers appointed in the Sainik School were known as Masters, though the schools was only upto Class X. The school was upgraded to Class XIIth in the year 1978-79 and the teachers were also categorised as Masters and Assistant Masters. The teachers who were appointed before 1978-79 continued to be called Masters, irrespective of their status, appointment and qualifications. This anomaly was neither rectified during the revision of scales of pay in 1979 nor during the IVth Pay Commission for Central Government Employees, resulting in more pay for less work in case of petitioner who is teaching Hindi upto Class X and drawing the scale of Rs. 1640-2900/- instead of Rs. 1400-2600/-. It is further the case of respondents that petitioner cannot equate himself with the Punjab School Lecturer as the petitioner is only a teacher in the Sainik School and not a lecturer as he claims himself. The equivalent post in the Punjab Government Education Department to that of the petitioner is a High School Teacher and the pay scale of Training Graduate Teachers is Rs. 1400/-2600/-.