Point of Law : Pay scale of School Lecturers is available only to those Physical Education Teachers, who possess qualification, as prescribed by NCTE.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner has approached this Court seeking direction to the respondents to grant him pay scale of Lecturer (School Cadre) w.e.f. 1.6.2008 as has been granted to other DPEs having Master Degree in Physical Education.

2. Undisputedly, petitioner, after passing his B.A. degree in 1976, acquired Diploma in Physical Education in 1977 and, thereafter, he completed his M.A. degree in History in 1979.

3. Petitioner is claiming parity like other DPEs, who vide order dated 3rd March, 2010 passed in CWP-T No. 2114 of 2018, have been ordered to be entitled for pay scale of Lecturer (School Cadre), which was affirmed by a Division Bench of this High Court vide judgment dated 29.09.2012 passed in LPA No. 380 of 2011 titled State of H.P. vs. Mukesh Manhans and others. Operative portion of judgment in LPA is as under:-

“5. Thus admittedly, the Physical Education is an elective subject in 10+2 class. As far as the qualification is concerned, the prescribed qualification by the NCTE is Master’s Degree in the subject concerned namely MPE/MP.ED (2 years duration). The Learned Single Judge has specifically clarified that the pay scale of School Lecturers is available only to those Physical Education Teachers, who possess the qualification, as prescribed by the NCTE, as noted above and teaching in 10+1 and 10+2 Classes. It is the patent discrimination that has been removed by the judgment being violative of Article 14 of the Constitution of India by ordering the payment of the same scale to the Physical Education Teachers at par with other teachers.”

4. As apparent from the perusal of judgments directing to grant pay scale of Lecturers (School Cadre) to DPEs with Master Degree clearly indicates that only those DPEs were held entitled for grant of pay scale of Lecturers (School Cadre) who were having prescribed qualification notified by NCTE i.e. Master Degree in subject concerned. Admittedly, in case of DPEs concerned Master Degree is Master Degree in Physical Education i.e. MPE/MP.Ed of two years duration.

5. Petitioner is though Post Graduate but in History and qualification of Master Degree in History has no concern or link with the teaching of Physical Education. Therefore, I am of considered opinion that claim set up by petitioner in present case is totally misconceived and not tenable.

6. Plea of petitioner that teachers in Vocational Courses with Graduate Degree have been considered as Lecturers (School Cadre) has no relevancy in the issue raised in present petition.

7. Similarly, grant of pay scale to DPEs with Master Degree, serving in Colleges, equivalent to the pay scale of Assistant Professor/Lecturer (College Cadre) is also having no bearing on lis in present case.

In view of aforesaid facts and circumstances, I do not find any merit in petition and accordingly, petition is dismissed.