1. Teacher — Dispute over Grade-I pay scale entitlement — Challenge against denial of higher scale based on educational qualifications. (Para 2 , 3 )
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1999 Supreme(SC) 1014
1999(8) Supreme 14
Supreme Court of India
(From Bombay High Court)
S. Saghir Ahmad & D.P. Wadhwa, JJ.
Ajay Jadhav -Appellant
versus
Government of Goa & Ors. -Respondents
Civil Appeal No. 5043 of 1999
(Arising out of SLP (C) No. 12688 of 1988)
Decided on 14-9-1999
Counsel for the Parties :
For the Appellant : M.S. Ganesh, Sr. Advocate, K.B. Sounder Rajan, Advocate.
For the Respondents : Ms. A Subhashini and A. Ranganadhan, Advocates.
The court held that denying a specific pay scale to an employee who possesses the requisite qualifications, while granting it to similarly situated employees with the same qualifications, constitutes discrimination and is legally unsustainable.
Headnote:Service Law-Equal pay for equal work-Computer teacher in Higher Secondary School-NCERT prescribing Post Graduate decree in Computer Science and some alternative as qualifications-Appellant possessed one of alternate qualification of P.G. Diploma-Education Department refusing sanction of pay-scale of Rs. 1640-2900 to appellant but sanctioning lower pay-scale of Rs. 1400-2600-Teachers having same qualification are getting pay-scale of Rs. 1640-2900-Held : Refusal to sanction pay- scale of Rs. 1640-2900 to appellant amounts clear discrimination-Appellant entitled to pay-scale of Rs. 1640-2900 with arrears. (Paras 4 to 8)
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Table of Contents
2. Whether a Post Graduate Diploma with experience suffices for Grade-I pay scale or if a Post Graduate Degree is mandatory. (Para 4 , 5 )
3. Appellant meets NCERT qualifications; granting the higher scale to similarly situated teachers while denying it to the appellant is discriminatory. (Para 6 , 7 )
4. Denial of a pay scale to an employee who meets prescribed qualifications and is similarly situated to others receiving that scale is discriminatory. (Para 6 , 7 )
5. Appeal allowed — High Court judgment set aside — Mandamus issued for grant of Grade-I pay scale and payment of arrears. (Para 8 , 9 )
6. Does a Post Graduate Diploma with experience qualify for the Grade-I teacher pay scale under NCERT guidelines?
Yes, provided the specific guidelines, such as the June 30, 1988 circular, list a Diploma with the required experience as a valid qualification for full-time teachers. (Para 5 , 6 )
7. Can a pay scale be denied to an employee if similarly situated employees with identical qualifications are receiving it?
No, such a denial is considered a clear case of discrimination, especially when the employee possesses the requisite qualifications prescribed in the relevant guidelines. (Para 6 )
8. Does a court judgment benefiting a small group of similarly situated employees apply to others in the same position?
Yes, if the judgment was based on the same qualifications and has been accepted by the government, it supports the entitlement of others similarly situated. (Para 7 )
Judgment
D.P. Wadhwa, J.-Leave granted.
2. Appellant, who was employed as full time teacher in Vocational Stream in Murgaon Education Society’s Higher Secondary School, respondent No. 3 (for short ‘the school’), was given lower pay scale of Rs. 1400-2600, but he said that he was entitled to the scale of Grade-I Teacher of Rs. 1640-2900. His claim was denied by the Director of Education, Government of Goa. His writ petition seeking relief was dismissed by the Bombay High Court, Goa Bench, by the impugned judgment dated March 5, 1998.
3. Appellant was employed as full time teacher in Computer Programme in Vocational Stream in the school in July, 1988 for a period of one year. He was given the pay-scale of Rs. 1400-2600. In June, 1989 appellant was again given fresh appointment in the same post in the same pay-scale of Rs. 1400-2600 and the appointment was also for a period of one year. Pursuant to fresh advertisement on May 24, 1990 appellant was once again appointed to the same post, now in the pay-scale of Rs. 1640-2900 with effect from June 14, 1990. Appellant possessed the qualification of B.Sc., P.G.D.C.A. (Post Graduate Diploma in Computer Application) and experience of two years and seven months. He possessed the required qualifications as given in the advertisement. Appellant was told that this appointment was temporary for the academic year 1990-91 and that he was liable to be transferred to any of the institution of the Society. He was also told that the order of appointment was subject to approval of the Director of Education, Goa. On August 6, 1990 a letter was addressed by the Principal of the school to the Directorate of Education seeking approval to the grant of Teacher Grade-I pay scale to the appellant and it was stated that the appellant had the requisite qualifications and experience. However, by letter dated October 25, 1990 request of the Principal of the school was turned down and though the appointment of the appellant was approved, he was given the pay-scale of Rs. 1400-2600 with effect from June 14, 1990. Representation of the appellant for granting him pay-scale of Rs. 1640-2900 did not bring any result which led the appellant to file writ petition in the High Court. As a matter of fact appellant had claimed pay-scale of Rs. 1640-2900 from his first appointment since 1988 but before us he claimed this pay-scale only from June 14, 1990. It was pointed out that the appellant is still working in the same very school in the pay-scale of Rs. 1400-2600.
4. Cause of the appellant has been opposed on the ground that he was not having the required qualification for the post which required the Post Graduate Degree and not the Post Graduate Diploma. It was admitted that a circular dated June 30, 1988 was issued by the Directorate of Education under which qualifications prescribed by NCERT (National Council for Education, Research and Training) for teachers of various courses prescribing pay-scale for Teachers Grade-I as Rs. 1640-2900. Subsequently a circular dated August 13, 1990 was issued by the Directorate of Education wherein it was stated that a doubt had arisen whether the same pay-scale of Rs. 1640-2900 was also to be given to all incumbents holding alternate qualifications in the descending grade and that a reference was made to NCERT which had stated that “so far as the pay scales are concerned the states have to decide about it, keeping in view the prevalent norms pay structure for similar categories of the teachers in the State.” It was thus mentioned that certain anomalies in the pay-scale were in existence and as such rationalisation of pay-scales by setting right the existing anomalies would be informed in due course of time. By another circular dated November 20, 1990 it was clarified that candidates possessing requisite qualification, i.e., Post Graduate Degree would be entitled to the pay-scale of Grade-I Teacher, i.e., Rs. 1640-2900. It was on account of this circular that the appellant w
