JUDGMENT

Kuldip Singh, J.-Delay condoned.

Special leave granted in all the petitions.

2. The respondents, in the appeals herein, are teachers employed in various privately managed aided schools in the State of Punjab. Prior to 1967 there was considerable disparity in the emoluments of the teachers employed in the private schools. Government of India appointed Kothari Commission to examine the conditions of service of teachers with the object of improving the standard of education in the country. Among other things the Kothari Commission recommended that the scales of pay of school teachers belonging to the same category and working under different managements such as Government, Local bodies or Private Organisations should be the same. Almost all the States, including the State of Punjab, decided to implement the recommendation of the Kothari Commission. The State of Punjab revised the pay scales of the teachers of the privately managed aided schools with effect from December 1, 1967 and brought the same at par with the teachers of the same status in the Government service. This Court in Haryana State Adhyapak Sangh and Ors. etc. v. State of Haryana & Ors.1, and Haryana State Adhyapak Sangh and Others v. State of Haryana2, on the peculiar facts pertaining to those cases, directed that the Haryana teachers employed in the private aided schools were entitled to the same pay scales and dearness allowance as were being paid to the teachers in Government schools.

3. As mentioned above, the State of Punjab had granted uniform pay scales to the respondents with effect from December 1, 1967. The pay scales were similar to the pay scales drawn by the Government teachers. The Punjab Legislature enacted The Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979 (the Act) which came into force with effect from January 23, 1981. Section 7 of the Act is as under :

"7. Salaries of employees - Notwithstanding anything contained in section 3, the scale of pay and dearness allowance of the employees shall not be less than those of the employees of the State Government holding corresponding posts in the schools run by the State Government:

Provided that where the scales of pay and dearness allowance of the employees are less than those of the employees of the State Government holding corresponding posts in the schools run by the State Government, the Director shall direct the concerned managing committee to bring the same at par with those of such employees of the State Government."

4. It is not disputed that the pay scales and the dearness allowance which are being paid to the private teachers are not less than what is being paid to the Government teachers holding corresponding posts. A peculiar and wholly untenable claim has been made by the respondents on these proceedings. The claim of the respondents is based on the Punjab Government instructions-applicable to Government teachers only - which were issued four decades back when none of the respondents were in service. The Punjab Government issued instructions dated July 23, 1957 revising the pay scales of various categories of Government servants, with effect from May 1,1957. The Government teachers were placed in two broad categories based on their educational qualifications. Different revised pay scales were provided in the said instructions for the teachers on the basis of their qualifications. The Punjab Government issued further instructions dated September 1, 1960, whereunder it was provided that the masters (a category of teachers) - working in Government schools-who acquire the qualification of M.A./M.Sc./M.D. (IIIrd Division), would be entitled to one increment and those who acquire the said qualification with first and second division, would be entitled to three increments. There is a chequered history of litigation regarding the 1957/1960 instructions but it is not necessary to go into the same. Suffice it to say that the instructions were not