Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Educational Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Haryana Educational Service-Teacher-Pay Scale linked to qualifications-Basic Trained Teacher acquiring B.Ed/B.T. qualification subsequent to joining service-Entitlement to higher pay scale-Admissibility of. In the Haryana Educational Service, there were two categories of c teachers described as Masters and Basic Trained Teachers. 25% of the posts of Masters were reserved for promotion from the posts of Basic Trained teachers. Masters could be promoted to higher posts. By an order dated July 23, 1957 there was a revision of the scales of pay. Teachers were placed according to their qualifications in two categories, Catetogy A consisting of B.A. B.Com, B.Sc. (Agriculture) and B. T., and Category 'B' consisting of four groups of whom Group I was Matric with basic training (including J.B.T.). The scale of pay was linked to the qualification and for category' A' it was Rs.110-250 with a higher start for M.A. and M.Sc. and for Category 'B' it was Lower Rs.60-120, Middle Rs.120-175 and Upper Rs.140-200.While Kripal Singh Bhatia's case and other petitions were pending, the Government of Haryana issued an order further revising the scales of pay of teachers working in Government schools in 1968 consequent on the acceptance of the recommendations of the Kothari Commission with effect from December 1, 1967. There was, however, no departure from the principle of the 1957 order, that trained graduates would be entitled to the higher scales of pay. On September 5, 1979, the Government issued an order granting Masters grade to unadjusted J.B.T. teachers who had passed B.A., B.Ed. subject to certain conditions. This order was challenged before the High Court by 'trained graduates' i.e. those who possessed the B.Ed. or B.T. degree in addition to B.A. degree. They did not possess this degree initially but acquired it subsequent to their joining service which was between 1953 and 1973. The High Court held that those teachers who had acquired the B.T. or B.Ed. qualification subsequent to December 1, 1967 (the date on which the 1968 order came into force) and before September 5, 1979 would be entitled to the Higher grade but with effect from September 5, 19'79 only and that those who acquired the qualification subsequent to September 5, 1979 would not he entitled to the higher grade. It further held that the 1968 order did away with the principle of the 1957 order, that teachers acquiring B.T. or B.Ed. B qualification should get the higher grade, and that a concession was shown in 1979 enabling the teachers who acquired the B. T. or B.Ed. qualification between 1968 and 1969 to get the higher scale from 1979. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1987 INSC 106 |
Petitioner | Chaman Lal & Ors. Etc. Etc. |
Respondent | State Of Haryana Etc. Etc. |
SCR | [1987] 2 S.C.R. 923 |
Judgement Date | 1987-04-13 |
Case Number | 1371 |
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