Case Note & Summary
The dispute concerned the pay scales of JBT teachers employed in privately managed aided schools in Ambala District, Haryana. The respondents had continued as employees of private schools even before the State of Haryana was formed. After the State issued a Notification dated 3 January 1968 revising pay scales of teaching personnel with effect from 1 December 1967, the respondents acquired higher qualifications while continuing in service and claimed higher scales of pay as admissible to their counterparts in government schools. The State Government refused the claim, leading the respondents to file writ petitions before the High Court of Punjab and Haryana. The High Court, by judgment dated 19 August 1994 in Civil Writ Petition Nos. 5354 of 1991 and 10324 of 1992, directed that the respondents would be entitled to the same scales of pay and privileges as available to their counterparts in government schools, relying on an earlier decision in C.W.P. No. 876 of 1988. The State of Haryana and others appealed by special leave before the Supreme Court. The appellant State contended that because the schools were privately managed aided schools and employees were entitled only to reimbursement of 95% of the budgetary deficit by way of grant, the State was not bound to grant these employees the scales of pay as admissible to government school teachers. The respondents argued that this Court had consistently held that teachers of aided schools must be paid the same scales of pay and other allowances as teachers of government schools. The Supreme Court examined the relevant precedents. In Chaman Lal and Others v. State of Haryana and another, (1987) 3 SCC 113, the Court had held that teachers who acquired higher qualifications were entitled to higher scales of pay as soon as they acquired the qualification. In Haryana State Adhyapak Sangh and others v. State of Haryana and others, (1988) 4 SCC 571, the Court concluded that 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, with expenditure apportioned between the State and the Management in the same proportion as they shared the burden of existing employment. That decision was clarified and affirmed by a three-Judge Bench in Haryana State Adhyapak Sangh and others v. State of Haryana, 1990 (Suppl) SCC 306, which issued specific directions including that as from April 1, 1990 teachers employed in aided schools shall be paid the same salary and dearness allowance as is paid to teachers employed in government schools. The Supreme Court found that the positive direction in the 1990 case left no room for doubt about the grant of the benefit to the respondents. Accordingly, the Court held that there was no infirmity in the impugned High Court judgment requiring interference under Article 136 of the Constitution. The appeals were dismissed, but with no order as to costs.
Headnote
A) Service Law - Pay Parity for Aided School Teachers - Teachers of Privately Managed Aided Schools Entitled to Same Pay Scales and Dearness Allowance as Government School Teachers - Constitution of India, 1950, Article 136 - Respondents were JBT teachers in privately managed aided schools in Haryana who acquired higher qualifications and sought higher pay scales at par with government school teachers. The Supreme Court relied on Haryana State Adhyapak Sangh v. State of Haryana (1990) which directed that as from April 1, 1990 teachers employed in aided schools must be paid the same salary and dearness allowance as government school teachers, with parity maintained and arrears paid in instalments. Held that the High Court's direction granting pay parity was justified and the appeals were dismissed (Paras Not mentioned). B) Constitutional Law - Article 136 of the Constitution of India, 1950 - Scope of Interference - No Infirmity in High Court Judgment - Constitution of India, 1950, Article 136 - The Supreme Court considered whether the impugned High Court judgment granting pay parity suffered from any error warranting interference under Article 136. In view of the binding precedent in Haryana State Adhyapak Sangh (1990) and the positive direction therein, no infirmity was found. Held that the appeals were dismissed without costs (Paras Not mentioned).
Issue of Consideration
Whether 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 counterparts in government schools?
Final Decision
Appeals dismissed. The Supreme Court found no infirmity in the High Court judgment requiring interference under Article 136 of the Constitution. The Court relied on the directions in Haryana State Adhyapak Sangh v. State of Haryana (1990) that as from April 1, 1990 teachers employed in aided schools must be paid the same salary and dearness allowance as government school teachers. No order as to costs.
Law Points
- teachers of aided schools must be paid the same pay scale and dearness allowance as teachers in government schools for the entire period served
- expenditure on that account should be apportioned between the State and the Management in the same proportion in which they share the burden of existing employment
- as from April 1
- 1990 teachers employed in aided schools shall be paid the same salary and dearness allowance as is paid to teachers employed in government schools
- pay scales of government aided schools shall be revised to bring them at par with pay scales of government schools with effect from April 1
- 1979
- parity in pay scales and dearness allowance of teachers employed in aided schools and government schools shall be maintained
- teachers of privately managed aided schools in Haryana are entitled to the same scales of pay and other allowances as their counterparts in government schools
