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PETITIONER: STATE OF PUNJAB AND OTHERS

       Vs.

RESPONDENT: OM PARKASH KAUSHAL AND OTHERS, GULSHAN LAL AUL AND OTHERS

DATE OF JUDGMENT:       08/07/1996

BENCH: KULDIP SINGH, B.L. HANSARIA

ACT:

HEADNOTE:

JUDGMENT:                             WITH              CIVIL APPEAL NO. 9106-9115 OF 1996          (Arising out of SLP (C) No. 20546 - 20555)                       J U D G M E N T KULDIP SINGH, J.      Delay condoned      Special leave granted in all the petitions.      The respondents,  in the  appeals herein,  are teachers employed in  various privately  managed aided schools in the State of  Punjab.  Prior  to  1967  there  was  considerable disparity in  the emoluments of the teachers employed in the private schools.   Government  of  India  appointed  Kothari Commission to  examine the conditions of service of teachers with the  object of  improving the  standard of education in the country.   Among  other things  the  Kothari  Commission recommended that  the  scales  of  pay  of  school  teachers belonging to  the same  category and working under different managements such  as Government,  Local  bodies  or  Private Organisations such  as Government,  Local bodies  or private Organisations should  be the  same.   Almost all the States, including the  State of  Punjab, decided  to  implement  the recommendations of  the Kothari  Commission.   The State  of Punjab revised  the  pay  scales  of  the  teachers  of  the privately managed aided schools with effect from December 1. 1967 and  brought the  same at  par with the teachers of the same status  in the  Government  service.    This  Court  in Haryana State  Adhyapak Sangh  and Ors.  etc.  v.  State  of Haryana &  Ors., 1986  Supp (1)  SCR 682  and Haryana  State Adhyapak Sangh and Others v. State of Haryana, 1990 Supp SCC 307, on  the  peculiar  facts  pertaining  to  those  cases, directed that  the Haryana  teachers employed in the private aided schools  were entitled  to the  same  pay  scales  and dearness allowance  as were  being paid  to the  teachers in Government schools.      As mentioned  above, the  State of  Punjab had  granted uniform pay  scales to  the  respondents  with  effect  from December 1,  1967.   The pay  scales were similar to the pay scales  drawn  by  the  Government  teachers.    The  Punjab Legislature enacted  The Punjab Privately Managed Recognised Schools Employees  (Security of Service) Act, 1979 (the Act)

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which came  into force  with effect  from January  23, 1981. Section 7 of the Act is as under:      "7.   Salaries   of   employees   -      Notwithstanding anything  contained      in section  3, the scale of pay and      dearness allowance of the employees      shall not be less than those of the      employees of  the State  Government      holding corresponding  posts in the      schools   run    by    the    State      Government:      Provided that  where the  scales of      pay and  dearness allowance  of the      employees are  less than  those  of      the   employees    of   the   State      Government  holding   corresponding      posts in  the schools  run  by  the      State     Government,     concerned      managing  committee  to  bring  the      same at  par  with  those  of  such      employees of the State Government."      It is not disputed that the pay scales and the dearness allowance which  are being  paid to the private teachers are not less  than what is being paid to the Government teachers holding corresponding posts. A peculiar and wholly untenable claim has been made by the respondents in these proceedings. The  claim  of  the  respondents  is  based  on  the  Punjab Government instructions  - applicable to Government teachers only - which were issued four deceases back when none of the respondents were  in service.   The Punjab Government issued instructions dated  July 23, 1957 revising the pay scales of various categories  of Government servants  with effect from May 1,  1957.   The Government  teachers were  placed in two broad categories  based on their educational qualifications. Different revised  pay scales  were  provided  in  the  said instructions  for   the  teachers  on  the  basis  of  their qualifications.  the   Punjab  Government   issued   further instructions dated  September 1,  1960,  whereunder  it  was provided that the masters (a category of teachers) - working in Government  school -  who acquire  the  qualification  of M.A./M.Sc./M.D. (IIIrd  Division), would  be entitled to one increment and  those who acquire the said qualification with first and  second  division,  would  be  entitled  to  three increments.   There is  a chequered  history  of  litigation regarding the 1957/1960 instructions but it is not necessary to  go   into  the  same.    Suffice  it  to  say  that  the instructions were  not implemented  by the  State Government and as  a consequence there was prolonged litigation between the teachers  and the  State Government  which  was  finally settled by  this Court in favour of the Government teachers. Later on  by the  order dated  February 19,  1979 the Punjab Government withdrew  the 1957/1960  instructions.   The 1979 instructions, however,  provided that  all those  Government teachers who  became eligible  for the  benefits  under  the 1957/1960 instructions  prior to  the 1979  order  would  be entitled to the same.      The respondents filed several petitions before the High Court  claiming   the  benefit  of  the  1960  instructions. According to  the respondents,  there being parity regarding pay  scales  and  dearness  allowance  between  the  private teachers and the Government teachers since December 1, 1967, all of them, having acquired the higher qualifications prior to 1979  in terms of the 1960 instructions, were entitled to the advance increments.  The High Court relying upon the two Adhyapak Sangh  cases (supra)  allowed the  writ  petitions.

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These appeals,  by the  State of  Punjab,  are  against  the judgment of the Division Bench of the High Court dated March 24, 1994.      As mentioned above,  the Act came into force on January 23, 1981.   Section  7 of  the Act  granted  parity  to  the private teachers in the matter of scales of pay and dearness allowance with  the Government  teachers.  Prior to that the Punjab  Government   and  granted  unified  pay  scales  and dearness allowance  to the  private teachers at par with the Government  teachers  by  the  executive  instructions  with effect from  December 1,  1967.   The respondents were given parity under  the executive  instructions only in respect of pay scales  and dearness allowance.  The other conditions of service  relating   to  the  Government  teachers  were  not extended to the respondents.  The incentives provided in the 1960 instructions  in the shape of advance increments to the Government   teachers   who   improved   their   educational qualifications could  not be  automatically extended  to the respondents.   This Court,  in the  two Adhyapak Sangh cases from the  State of Haryana allowed the benefit of pay scales and dearness  allowance to the private teachers and declined to go  into other  benefits like  house rent allowance, city compensatory allowance, LTC, bonus etc.      We are,  therefore,   of the  view that  the High Court fell into  patent error  in directing the State of Punjab to grant the  benefits  under  the  1960  instructions  to  the respondents.   We allow  the appeals, set aside the impugned judgment of  the High  Court and  dismiss the writ petitions filed by the respondents before the High Court.  No costs.