Case Note & Summary
The appellants were JBT teachers in Government schools in Haryana who did not possess B.T./B.Ed qualification at the time of their appointment but acquired such qualifications on various dates. They approached the Punjab and Haryana High Court under Articles 226/227 of the Constitution seeking a writ of mandamus for grant of higher grade of pay admissible to Masters from the respective dates of acquiring B.T./B.Ed, relying on the decision of this Court in Chaman Lal v. State of Haryana. The High Court dismissed the writ petition, holding that the erstwhile Punjab Government instruction dated 23 July 1957 was superseded by the Haryana Government policy decision dated 9 March 1990 and that the appellants were never appointed against posts of Masters. In the Supreme Court, the appellants contended that the ratio of Chaman Lal applied fully, while the State relied on the 1990 policy superseding the earlier circular. The court noted that in Chaman Lal the Supreme Court had held that from 1957 to 1980 the principle that teachers acquiring B.T./B.Ed qualification would be entitled to higher grade of pay from the date of acquiring qualification regardless of adjustment against Master posts was accepted and that the 1968 order did not retract from qualification-linked pay. However, the 1990 Haryana policy expressly retracted from that principle, clarifying that possession of higher qualifications does not automatically entitle teachers to higher pay scales unless appointed against sanctioned posts. The court held that the 1990 policy superseded the earlier circular and therefore Chaman Lal would not apply to teachers who acquired B.T./B.Ed after 9 March 1990. The State conceded that those who acquired B.T./B.Ed before 9 March 1990 were entitled to higher scales under paragraph 2 of the 1957 Punjab letter. Among the appellants, five (appellant Nos. 2, 5, 6, 7 and 8) had acquired B.T./B.Ed before 9 March 1990 and were entitled to relief. The court partly allowed the appeal, granting relief to those five appellants and clarifying that all teachers who acquired B.T./B.Ed before 9 March 1990 would get the benefit of the 1957 letter, while those acquiring the qualification subsequently would be governed by the 1990 policy. No costs were awarded.
Headnote
A) Service Law - Pay Scales - Teachers - Punjab Government Circular dated 23 July 1957 - JBT teachers acquiring B.T./B.Ed qualifications were entitled to higher grade of pay from date of acquiring qualification without being appointed against Master posts - Trial court and High Court had earlier recognized this principle - Supreme Court in Chaman Lal v. State of Haryana held that adjustment against Master posts was relevant only for seniority and promotion, not for pay scale - Held that before 9-3-1990, acquisition of B.T./B.Ed entitled teachers to Master's grade automatically (Paras 1-6). B) Service Law - Change in Government Policy - Haryana Government Finance Department Letter dated 9 March 1990 - State government altered earlier policy and clarified that mere acquisition of higher qualification would not automatically entitle teachers to higher pay scales unless appointed against sanctioned posts of Master - Policy superseded 1957 Punjab circular - Held that teachers acquiring B.T./B.Ed after 9-3-1990 are governed by changed policy and cannot claim higher grade automatically (Paras 5-10). C) Service Law - Prospective Operation of Policy - Entitlement Cut-off Date - Teachers who acquired B.T./B.Ed before 9-3-1990 retained benefit under old policy; those acquiring after were governed by new policy - Court directed that all teachers acquiring qualification before 9-3-1990 are entitled to benefit of paragraph 2 of Punjab Government Letter dated 23-7-1957, while subsequent acquirers are governed by Haryana Government policy dated 9-3-1990 (Paras 9-11).
Issue of Consideration
Whether JBT teachers who acquired B.T./B.Ed qualification at various dates are entitled to higher grade of pay admissible to Masters from the date of acquiring qualification, and whether the 1990 Haryana Government policy supersedes the earlier 1957 Punjab Government circular and the decision in Chaman Lal v. State of Haryana
Final Decision
Appeal partly allowed. Appellants Nos. 2, 5, 6, 7 and 8, who acquired B.T./B.Ed before 9 March 1990, are entitled to higher grade of pay under paragraph 2 of Punjab Government letter dated 23 July 1957. Other appellants not entitled. All teachers who acquired B.T./B.Ed before 9 March 1990 get the benefit of the 1957 letter; those acquiring after are governed by Haryana Government policy dated 9 March 1990. No order as to costs.
Law Points
- Pay fixation linked to qualification prior to policy change
- State government entitled to alter service conditions and pay policy prospectively
- Higher pay scale not automatic on acquiring higher qualification unless appointed against post carrying that qualification
- 1990 Haryana policy supersedes 1957 Punjab circular for teachers acquiring B.T./B.Ed after 9-3-1990
