1. Claim for higher pay scale upon acquisition of post-graduate qualifications by teachers based on government directives regarding revision of pay scales. (Para 2 )
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1996 Supreme(SC) 620
1996(3) Supreme 120
SUPREME COURT OF INDIA
G.N Ray and B.L. Hansaria, JJ.
Baij Nath & Ors. --Appellants
versus
State of Punjab & Anr. --Respondents
Civil Appeal No. 4544 of 1996
(In SLP (C) No. 541 of 1993)
Decided on 19-3-1996
Important Points
IMPORTANT POINT
Teachers in the High Schools of Punjab, who acquired the post graduate qualification, became entitled to higher pay from the date of acquisition of the qualification.
Teachers in the High Schools of Punjab, who acquired the post graduate qualification, became entitled to higher pay from the date of acquisition of the qualification.
Subject
Employment Law - Pay and Benefits
Act Referred
Headnote
Service Law - Punjab Government Letter No. 5058-FE-II-57/5600 dated 23-7-57 read with Govt. Letter No. 8937-5 ED-II-79/2659 dated 20-9-1979-Revision of scales of pay-Teachers in Education Department-Claim of scale of pay meant for lecturers on acquisition of post-graduate degree-Whether teachers in High Schools are entitled to pay scale meant for Lecturers ?-(No)- Memo No. 3101-E-II-64/8950 dated 21-5-1964 dealt with Masters in the Government Higher Secondary Schools, and not in High Schools- However, letter of 23-7-1957 read with that of 20-9-1979, does permit higher pay scale for post graduates and that too from date of acquisition of the same. (Paras 5 to 7)
Legal Category Hierarchy
Table of Contents
2. Dispute whether teachers in high schools are entitled to the pay scale of lecturers upon acquiring post-graduate qualifications. (Para 2 , 5 )
3. Government directives permit higher pay scales for post-graduates from the date of qualification acquisition, regardless of specific cadre designations. (Para 3 , 4 , 6 , 7 )
4. Teachers acquiring post-graduate qualifications are entitled to higher pay scales from the date of acquisition as per government revision directives. (Para 7 )
5. Appeal allowed; direction to grant higher pay scales and consequential financial benefits to eligible teachers. (Para 8 )
6. Are teachers entitled to a higher pay scale upon acquiring higher educational qualifications during service?
Yes, if government directives provide for it. The court held that teachers acquiring post-graduate qualifications are entitled to higher pay from the date of acquisition as contemplated by the relevant government revision letters. (Para 3 , 4 , 7 )
7. Does the absence of a specific post within a cadre preclude a teacher from receiving a higher pay scale based on qualifications?
Not necessarily. While a claim based on specific post designation may fail if the post is not in the cadre, entitlement can still be established through general government directives granting higher scales to those with specific qualifications. (Para 5 , 6 , 7 )
8. From what date is a teacher entitled to a higher pay scale after acquiring a higher qualification?
The higher pay scale is granted from the date of passing the respective higher examination or acquiring the qualification, in accordance with government directives and judicial precedent. (Para 4 , 7 )
JUDGMENT
Hansaria, J.-Leave granted.
2. The appellants approached the High Court of Punjab and Haryana seekig a direction on the respondents, which were the State of Punjab and the Director of Public Instructions (Schools), to pay them according to the scale meant for Lecturers, on their acquiring post graduate qualification, in terms of Government letter No. 5058-FE-II-57/5600 dated 23.7.1957 read with Government letter No. 8937-5 ED-II-79/2659 dated 20.9.1979. The Division Bench of the High Court has denied the prayer. Hence this appeal under Article 136 of the Constitution.
3. The Government letter of 23.7.1957 is on the subject of revision of scales of pay of low paid Government servants. So far as the teachers in Education Department are concerned, they have been dealt in Para 3 and it speaks about the decision of the Government to place all teachers according to their qualifications in two broad categories: A and B. As to Category A, whose educational qualification is mainly graduation in different disciplines, it has been stated that they would get a scale (Rs. 110-250) with higher start for M.A. or M.Sc. This Court had occassion to lay down the purport of this letter in State of Punjab v. Kirpal Singh1. Ray, CJ., speaking for a three - Judge bench stated that this did visualise a mass increase of scale of pay. The contention of the State counsel that the letter only meant that a teacher who passed graduate examination would be entitled to be appointed as Master, and on being so appointed he would be entitled to the scale of pay, was not accepted. It was stated that the teachers who possessed degrees became entitled to scales of pay according to Category A.
4. The State found it difficult, having regard to the prevailing financial position, to extend the benefit of that letter to the much wider section of teachers, and so, it issued a circular on 19.2.1979 stating that the teachers of the Education Department would not automatically be entitled to placement in the higher scales of pay by the mere circumstance of their improving or acquiring higher qualifications in the course of their service. The teachers agitated and wanted a more generous dispensation. This led to the issuance of the letter of 20.9.1979 permiting grant of higher scale from the date of passing of the respective higher examination. It may be pointed out that the State of Haryana had also passed a similar order on 5.9.1979 and this Court in Chaman Lal v. State of Haryana2, had held that the teachers acquiring B.T or B.Ed qualification became entitled to higher pay scale from respective dates of acquiring the qualification.
5. There is no difficulty so far. The question is whether the teachers in the High Schools, on the acquisition of post-graduate degree, are entitled to the scale of pay meant for Lecturers. The High Court has denied the same on the ground that the post of Lecturer does not form part of the High School cadre. According to the appellants this is not correct in so far as the State of Punjab is concerned, inasmuch as, though the Punjab Education Service, Class III, School Cadre Rules, 1955 when made, consisted of Headmasters and Masters only, but by Education Department s Notification of 9th December. 1969, the post of Lecturers had come to be added in the cadre. (It may be mentioned that this Notification was issued to supersede Notification of 4.7.1969 on the same subject because in that Notification the word "Lecturers" was not mentioned through inadvertence). It is thus clear that the school cadre came to consist of Lecturers also from 1969.
6. In the aforesaid premises the ques-tion is whether on acquisition of post-graduate qualification the teachers in the High Schools are entitled to the pay scale meant for the Lecturers. To sustain this stand, reliance has been placed on Memo No. 3101-E-II-64/8950 dated 21st May, 1964 and it has been contended that Masters of the schools in the revised pay scales ha
