State Of Punjab vs Kirpal Singh Bhatia

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1975 Supreme(SC) 314

SUPREME COURT OF INDIA
A.N. RAY, C.J.I., K.K. MATHEW AND Y.V. CHANDRACHUD, JJ.
State of Punjab and another, Appellants
Versus
Kirpal Singh Bhatia and others, Respondents.
Civil Appeals Nos. 1109 of 1973, and 1411-1414, 872, 873, 1369 and 1582 of 1974
Decided on 29-8-1975.
Advocates appeared
Mr. F. S. Narimian, Sr. Advocate, (In C.A. No. 1109 of 1973 and 1582 of 1974), M/s. Harbans Singh, Advocate, (In C.A. No. 1109 of 1973) and Mr. O. P. Sharma Advocate, (In all the Appeals with him), for Appellants; Mr. Hardayal Hardy, Sr. Advocate, (M/s. S. K. Mehta and M. Qamarrudin, Advocates with him), for Respondents Nos. 1 and 8 (In C.A. No. 1109 of 1973), Mr. V. C. Mahajan, Mrs. Urmila Sirur and M/s. S. C. Agrawala and V. J. Francis, Advocates, for Respondents. Nos. 2, 5, 9-12 and 15-21 (In C.A. No. 1109 of 1973), Respondents Nos. 6, 7, 13 and 14 ex parte. (In C.A. No. 1109 of 1973), Mrs. Urmila Sirur, Advocate, for Nos. 2, 7, 12, 13, 15-18, 20-22, 26, 27, 30, 32-36, 38-41, 44-46, 50-57 and 59-62 (In C.A. Nos. 1411-1412 of 1974 and for all the Respondents in C.A. No. 1414 of 1974) Except No. 113 and Nos. 1,3, 16 and 18-23 (In C. A. No. 1369 1974), for Respondents; Mr. V. C. Majahan and Mrs. Urmila Sirur. Advocates, for Respondents Nos.(All In C. A. No. 872 of 1974) and Nos. 1,2,4, 54-81 83 and 85(In C.A. No. 873 of 1974) and Nos. 1-214 (In C.A. No. 1582 of 1974); Mr. Balak Ram, Advocate, for Respondent No. 245 ( In C.A. No. 1582 of 1974), for Respondents.

Advocates:
Balak Ram, F.S.NARIMAN, HARBANS SINGH, Hardayal Hardy, M.Qamaruddin, O.P.Sharma, S.C.AGRAWAL, S.K.MEHTA, URMILA SIRUR, V.C.MAHAJAN, V.J.Francis

Headnote:
Teachers - Scale of Pay - Promotion - Respondents were teachers in former State - Former State merged in State of Punjab - These teachers claim revised scale of pay as well as posts of Masters - Their claims are based on these grounds - First, they have taken Degrees in Bachelor of Teaching or its equivalent - Second, letter which became effective entitles them to revised grade if they took Degree in Bachelor of Teaching or its equivalent - Third, letter entitles respondents to posts of Masters to extent of 25 per cent of vacancies – Held, Policy of not allowing teachers to continue beyond six months on temporary basis was nullifying letter and spirit of decision of letter - Teachers also contended that promotion of teachers to Masters is completely independent of any consideration like combination like combination of subjects - High Court rightly held that letter was subject only to two limitations - One was that teachers could not claim more than one-fourth of vacancies of posts of Masters and other was that claim by way of promotion would be considered by appointing authority on basis of seniority-cum-merit - High Court rightly held that letter was not subject to condition of subjects combination being fulfilled - There are three categories of teachers - Science Masters, Mathematics Masters and Social Studies Masters - No condition of combination of subjects can be read into letter - Third conclusion which High Court arrived is correct that teachers were to be considered for appointment to posts of Masters to extent of 25 per cent quota as recognised for their category of teachers on basis of seniority-cum-merit without being subjected to condition of subject combination - Appeals dismissed.

JUDGMENT

RAY C. J. :—These appeals are by special leave from the judgment dated 10 March, 1972 of the Punjab and Haryana High Court.

2. The respondents were teachers in the former State of Pepsu. On 1 November, 1956 the former State of Pepsu merged in the State of Punjab. These teachers claim the revised scale of pay as well as the posts of Masters. Their claims are based on these grounds. First, they have taken the Degrees in Bachelor of Teaching or its equivalent. Second, the letter dated 23 July, 1957 which became effective from 1 May, 1957 entitles them to the revised grade if they took the Degree in Bachelor of Teaching or its equivalent. Third, the letter dated 7 November, 1958 entitles the respondents to the posts of Masters to the extent of 25 per cent of the vacancies.

3. The letter dated 23 July, 1957 is addressed by the Secretary to the Punjab Government. The letter is on the subject : "Revision of Scales of pay of low-paid Government servants." The letter states that after carefully considering the recommendations made by Pay Revision Committee it has been decided that the existing scales of pay of certain categories of posts should, with effect from 1 May, 1957, be revised as shown therein. It is, thereafter stated that it has been decided that all teachers according to their qualifications should be placed in the following two broad categories :

Category A

B.A./B.SC./B.Com./B.Sc. (Agriculture) and B.T./Diploma in Physical Education/Diploma in Sr. Basic Training.

4. Category B consists of four groups. The first group consists of Matriculates with Basic Training (including Junior Teachers). The second group consists of Junior School Teachers (including Assistant Mistresses with B.A./Inter-Matric Plus J.A.V. Training). Groups III and IV are also mentioned which are not relevant for the purposes of these appeals. Thereafter the crucial portions in the letter are these. For category A the scale of pay is Rs. 110-8-190/10-250 with a higher start for M. A. or M. Sc. as at present. The existing percentage of posts fixed by Government for the scales of Rupees 110-8-190/10-250 and Rs. 250-10-300 should remain unchanged at 85 per cent and 15 per cent respectively.

5. It may be stated here that the scale of pay of Head Masters being item (1) in Appendix is Rupees 250-10-350. The scale of pay of Masters, Science Masters, Agriculture Masters, Clerical and Commercial Master and Assistant District Inspector of Schools is Rs. 250-10-300. The scale of pay of Second Master, Masters, Physical Training Master, Assistant District Inspector of Schools, Agriculture Masters, Clerical and Commercial Masters and Science Masters being item (2) is Rupees 110-8-190-10-250 with a start of Rs. 126/- to M.A./M. Sc./M.III/B.T. and Rs. 150/- to M. A., M. Sc./ M. Ed.(II)/B.T. and Rs. 150/- to M.A./M. Sc./M.Ed.(II)/B.T.

6. The second letter on which the respondents relied is dated 7 November, 1958. This letter is from the Deputy Director (Schools) to the Inspector of Schools. The subject is : Promotion of the so-called unadjusted B. A. B.T./B.Ed., teachers to the posts of Master on Rs. 110/250 grade. It is stated there that it has been decided that 25 per cent posts of B.T./B. Ed. Masters in Rs. 110-250 grade should be filed by promotion from amongst the teachers working in the lower grade who have passed the B. A., B.T./B. Ed. Examination. The selection is to be made on the basis of seniority-cum-merit.

7. Two of the relevant rules in Punjab Educational Services Class III School Cadre Rules, 1955 which were in force with effect from 23 May, 1957 are Nos. 7 and 10. Rule 7 speaks of the method of recruitment. The methods of recruitment are : (a) by direct appointment, or (b) by transfer of an official from other Services or posts of Government in the Education Department of any Government in India, or (c) by promotion from lower grades in the service. The manner of appointment shall be strictly by selection etcetera as mentioned there. Rule 10 states that

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