JUDGMENT

G.B. Pattanaik, J.-Delay condoned.

Leave granted.

2. These appeals by special leave are directed against the judgment of the High Court of Pubjab and Haryana dated 19th August, 1994 in Civil Writ Petition Nos. 5354 of 1991 and 10324 of 1992. By the impugned judgment the High Court has directed that the respondents would be entitled to the same scales of pay and privilages as are available to their counter-parts in government schools. Admittedly the respondents are JBT teachers in Privately Managed Aided Schools in Ambala District in the State of Haryana. While they continued as employees of private schools much prior to the Haryana State was formed, the State of Haryana by issuance of Notification dated 3rd January, 1968 revised the pay scales of the teaching personnel with effect from 1st December, 1967. These respondents acquired higher qualification while continuing in service and therefore claimed higher scales of pay as is being admissible to their counter-parts in government schools. The State Government having refused their claim, they approached the High Court by way of writ petitions. The High Court relying upon the earlier decision of the same court in Civil Writ Petition No. 876 of 1988 granted the relief and hence the present appeals.

3. Mr. Prem Malhotra appearing for the appellant State contends that the schools in question being Privately Managed Aided Schools, the employees thereof are entitled to reimbursement of 95% of budgetary deficit by way of grant and therefore the State is not bound to grant these employees the scales of pay as is admissible to their counter-parts in government schools. Mr. Palli appearing for the respondents on the other hand contended that it has been held by this Court that teachers of aided schools must be paid the same scales of pay and other allowances as teachers of the government schools and therefore the High Court was fully justified in granting the relief sought for. The question that arises for consideration is whether the teachers of privately aided schools in the State of Haryana would be entitled to the same scales of pay and other allowances as are admissible to their counter-parts in government schools ?

4. In Chaman Lal and others v. State of Haryana and another1, the question for consideration was whether teachers who started as Basic Trained teachers and later acquired the higher qualification, whether would be entitled to higher scales of pay ? This Court considered the recommendations of the Kothari Commission and different Circulars of the State of Haryana and came to hold that those teachers who acquired the higher qualification would be entitled to the higher scales of pay as soon as they acquired the qualification irrespective of the date when they were adjusted against posts of Masters. In this case no doubt the appellants were teachers of a Government school. The question of parity in pay scales between the teachers of a recognised aided school and the teachers of a Government school, as in the present case, came up for consideration in the case of Haryana State Adhyapak Sangh and others v. State of Haryana and others.2 This Court came to the conclusion that the teachers of aided schools must be paid the same pay scale and dearness allowance as teachers in government schools for the entire period served by them and that the expenditure on that account should be apportioned between the State and the Management in the same proportion in which they share the burden of the existing emoluments of the teachers. The aforesaid decision of this Court was considered again by a three Judge Bench in the case of Haryana State Adhyapak Sangh and others v. State of Haryana3 and by way of clarifying the earlier decision, this Court observed :

These observations leave no scope for doubt that this Court has directed that the teachers of aided schools must be paid the same scales of pay and dearness allowance as teachers in government schools and that the said payment must