2003 (11) TMI 632 - SC - Indian Laws

Qualifications at Appointment Determine Pay: Supreme Court Ruling

The Supreme Court held that JBT teachers in Haryana schools appointed on an ad hoc basis in 1982-1983 were not automatically entitled to higher pay scales ... - Issues:Interpretation of circulars regarding pay scale entitlement based on educational qualifications for JBT teachers appointed on ad hoc basis in Haryana schools in 1982-1983.Analysis:The case involved JBT teachers appointed on ad hoc basis in Haryana schools in 1982-1983, possessing JBT and Prabhakar qualifications. The State of Punjab issued a Circular in 1957 regarding higher pay scale upon acquiring specific educational qualifications, allegedly applicable to Haryana. Subsequent orders in 1979 and 1990 clarified the pay scale revision policy for teachers. The 1990 Order emphasized that higher qualifications do not automatically entitle teachers to higher pay scales, specifying that teachers should be placed in pay scales corresponding to their appointed posts, regardless of additional qualifications acquired during service.The respondents filed a writ petition in 1995 seeking higher pay scales based on their B.A. or B.Ed. qualifications, citing a 1998 circular. The High Court, referencing a previous case, directed the appellant to grant the respondents the pay scale of a Hindi teacher. The appellant challenged this decision, arguing that the High Court's view was erroneous, referring to a Supreme Court decision from 1999. The respondents relied on another case to support the High Court's stance.In a previous case, the Supreme Court held that a higher pay scale is not automatically granted based on acquired qualifications due to policy changes by the State. The Court directed that teachers who obtained B.T./B.Ed. before a specific date were entitled to higher pay scales as per the 1957 circular. Another case emphasized that teachers acquiring postgraduate qualifications must be appointed as per rules to receive pay scales applicable to lecturers. The respondents, appointed after 1957 with matriculate qualifications, were not automatically entitled to higher pay scales despite holding advanced degrees before appointment.The Supreme Court concluded that teachers were only entitled to higher pay scales if they enhanced their qualifications during service, not prior to joining. The Court noted that similar qualifications did not guarantee higher pay scales unless acquired during service. The High Court's oversight of this aspect and the inability to pass orders contrary to statutes led to the appeal's allowance, setting aside the High Court's judgment.