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High Court Of Delhi
A.S.TIWARI - Appellant
Versus
DELHI ADMINISTRATION - Respondent
Decided On : 12/06/1983
PHYSICAL EDUCATION TEACHERS - PAY SCALES - REVISED SCALES INTRODUCED IN 1950 - APPLICABILITY TO TEACHERS EMPLOYED AFTER 1-4-1950 - PRESIDENT'S LETTER DATED 17-6-1954 - EFFECT - REGULARISATION OF APPOINTMENTS OF PHYSICAL TRAINING INSTRUCTORS - GOVERNMENT OF INDIA'S LETTER DATED 31-1-1961 - SCOPE - REVISED PAY ORDER, 1960 - INTRODUCTION OF TWO GRADES FOR PHYSICAL TRAINING INSTRUCTORS - ABOLITION OF OLD GRADES - APPLICABILITY TO TEACHERS EMPLOYED BEFORE 1-4-1950 AND THOSE EMPLOYED THEREAFTER - PRINCIPLE OF UNIFORMITY - FAIR TREATMENT TO TEACHERS - JUDICIAL REVIEW OF ADMINISTRATIVE ACTS AND OMISSIONS - PROTECTION OF INDIVIDUAL FROM MISUSE OR ABUSE OF POWER BY PUBLIC AUTHORITIES - FREEDOM AND CONSENT - VOIDABILITY OF AGREEMENTS LIMITING FREEDOM - DEPARTMENTAL AGGRESSION - PRESUMPTION AGAINST WITHHOLDING OF EVIDENCE - ABOLITION OF OLD GRADES AND INTRODUCTION OF NEW GRADES IN 1960 - APPLICABILITY TO TEACHERS EMPLOYED BEFORE AND AFTER 1-4-1950 - JUSTICE IS BLIND.
Fact of the Case:
Two physical education teachers, Tiwari and Verma, filed writ petitions challenging the cancellation of their revised pay scales. Tiwari was appointed in 1951 as a junior physical education teacher in the scale of Rs. 68-170. Verma joined in 1953 in the same scale. In 1975, Verma's pay scale was revised to Rs. 100-250, but it was later cancelled in 1978. Tiwari, who had improved his qualification to intermediate in 1974, claimed the pay scale of Rs. 100-250, which was denied.
Finding of the Court:
The court held that the revised pay scales introduced in 1950 by the Governor-General were applicable not only to "existing employees" but also to those who were employed after 1-4-1950. The President's letter dated 17-6-1954 further clarified that the revised scales were to be applied uniformly to all physical training instructors, irrespective of their date of appointment. The Government of India's letter dated 31-1-1961 regularized the appointments of physical training instructors made during the period 1-4-1950 to 31-12-1959, subject to their fulfilling the prescribed educational qualifications. The Revised Pay Order, 1960, introduced two grades for physical training instructors, abolishing the old grades. This order applied to all physical training instructors, regardless of their date of employment.
Issues: 1. Whether the revised pay scales introduced in 1950 were applicable only to "existing employees" or also to those employed after 1-4-1950? 2. Whether the President's letter dated 17-6-1954 modified the scope of the revised pay scales? 3. Whether the Government of India's letter dated 31-1-1961 regularized the appointments of physical training instructors made during the period 1-4-1950 to 31-12-1959? 4. Whether the Revised Pay Order, 1960, abolished the old grades and introduced two new grades for physical training instructors? 5. Whether the Revised Pay Order, 1960, applied to all physical training instructors, regardless of their date of employment?
Ratio Decidendi: 1. The revised pay scales introduced in 1950 were applicable not only to "existing employees" but also to those who were employed after 1-4-1950. The President's letter dated 17-6-1954 further clarified that the revised scales were to be applied uniformly to all physical training instructors, irrespective of their date of appointment. 2. The Government of India's letter dated 31-1-1961 regularized the appointments of physical training instructors made during the period 1-4-1950 to 31-12-1959, subject to their fulfilling the prescribed educational qualifications. 3. The Revised Pay Order, 1960, introduced two grades for physical training instructors, abolishing the old grades. This order applied to all physical training instructors, regardless of their date of employment.
Final Decision: The court allowed Verma's writ petition and quashed the cancellation order dated 27-1-1978. It issued a writ to the Delhi Administration directing that Verma be paid the scale of Rs. 100-250 as revised from time to time. The court dismissed Tiwari's writ petition.
( 1 ) THIS is a tale of two teachers. They are physical instructors in a school. They are drill masters of the good old days. But better qualified and better paid now. Physical education has acquired a new importance in our modern system of education. The State has realised that children should be strong and healthy. "a sound mind in a sound body" is the maxim that is followed now. The facts :
( 2 ) THESE two writ petitions are filed by two physical education teachers who are working in Birla Higher Secondary School now known as Birla Senior Secondary School in old Sabzi Mandi, Delhi. This is a Government recognised and aided school. A. S. Tiwari, petitioner in C. W. P. No. 211 of 1977, joined the school on 15-7-51. Om Prakash Verma, petitioner in C. W. P. No. 162 of 1981. joined the school on 15-7-1953. Though Tiwari was appointed earlier the qualifications of these two teachers are different. Tiwari at the time of appointed was a matriculate holding a certificate in physical education. In 1974 he passed the internmediate examination. So far as Verma is concerned he was an intermediate holding a certificate in physical education at the time of his appointment. His qualification however has remained the same.
( 3 ) BOTH were appointed as junior physical education teachers in the school in the scale of Rs. 68-4-120-EB-7-170. Verma, it appears, was dissatisfied with his lot. He requested the education department of Delhi Administration to give him the pay scale admissible to intermediate with certificates in physical education. He claimed the revised pay scale of Rs. 110-5- 150-8-190-EB-10-250. By letter dated 15-9-1975 Verma s request was allowed by the Director of Education. He was informed that from the date of his appointment, i. e. 15-7-1953, his pay is fixed in the scale of 100-250 but the payment of arrears shall be restricted to three years.
( 4 ) WHEN Verma got this revised pay scale of Rs. 100-250 rivalary between Verma and Tiwari began. Tiwari s pride was wounded. He had nothing for Verma except animosity and pique. Verma started getting the revised pay scale of Rs. 100- 250. Tiwari continued in the old scale of Rs. 68-170. Subsequently, it was raised to Rs. 80-220. So the real problem is this. Verma, though he joined the school later was getting pay in the higher scale of Rs. 100-250. Tiwari, though he was in employment from an earlier date, was merely getting the pay scale of Rs. 80-220. A winner of discontent :
( 5 ) ON Verma s getting the higher grade Tiwair was cut to the quick. He complained to the education department. The education officer started moving in the matter. On 15-12-1977 he issued a memorandum to Verma asking him to show cause why the letter dated 15-9-1975 granting him the higher grade of Rs. 100-250 should not be cancelled. It was said that he had been given the higher grade "erroneously". The principal ground for rescinding the decision of 15-9-1975 suggested in this letter was that the Government of India, Ministry of Education circular letter dated 17-1-1950 and amended by circular letter dated 17-6-1954 applied "only to those Inter Certificated P. E. Ts. who were in service on 1-4-1950. Since Shri Verma Was appointed on 15-7-1953, the said circular from the Government of India, Ministry of Education, New Delhi, evidently does not apply to him. "
( 6 ) NOW Verma was put on the defensive. He was asked to show cause why the higher grade be not taken away from him and why he should not be down-graded to the scale of Rs. 80-220 and placed in the same position as Tiwari. To this memorandum Verma sent a reply. His simple case was that he was an intermediate with certificate in physical education and therefore entitled to the higher grade.
( 7 ) ON 27-1-1978 the education officer cancelled the order dated 15-9-1975 with the remark that Verma s "explanation is not satisfactory". So the result was that Verma came back to square No. 1. The grant of higher pay scale of Rs. 100-250 given
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