State of Haryana & Ors. Vs. Harbans Lal & Etc.
EmailAppeal: Civil Appeal Nos. 5065-68 of 2000
(Arising out of SLP (C) Nos. 12129-12132 of 1995)
(Arising out of SLP (C) Nos. 12129-12132 of 1995)
Petitioner: State of Haryana & Ors.
Respondent: Harbans Lal & Etc.
Apeal: Civil Appeal Nos. 5065-68 of 2000
(Arising out of SLP (C) Nos. 12129-12132 of 1995)
(Arising out of SLP (C) Nos. 12129-12132 of 1995)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Sep 15, 2000
Head Note:
SERVICE LAWS
Haryana educational services – Teachers – Entitlement to higher pay scale. JBT teachers who acquired B.T./B.Ed. qualifications before issuance of policy circular of Government of Haryana on 9.3.90 held entitled to higher scale of pay automatically as held in Wazir Singh v. State of Haryana (JT 1995 (7) SC 404) in terms of Punjab Government letter dated 23.7.1957. Those acquiring such qualifications subsequently would
be governed by the Haryana
Government’s policy circular dated 9.3.90.
Cases Reffered:
1. Wazir Singh & Ors. v. State of Haryana reported in (JT 1995 (7) SC 404) (Para 2)
2. Chaman Lal v. State of Haryana since reported in (JT 1987 (2) SC 135(2)) (Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. The direction of the High Court granting relief in favour of JBT teachers for the State of Haryana is the subject matter of challenge in these appeals. The High Court appears to have fol-lowed the earlier decision of this Court in the case of Chaman Lal v. State of Haryana since reported in (JT 1987 (2) SC 135(2) = 1987 (3) SCC 113). The question of law involved in these ap-peals was directly the subject matter of consideration in the case of Wazir Singh & Ors. v. State of Haryana reported in (JT 1995 (7) SC 404 = 1996 (3) Suppl. SCC 697). This Court in Wazir Singh’s case has taken notice of the earlier judgment of Chaman Lal as well as the subsequent Notification of the Government of Haryana dated 9.3.1990, and came to the conclusion that those of the JBT teachers, who have acquired B.T. B.Ed. qualification before issuance of the circular on 9.3.1990, would be entitled to get the benefit of part 2 of the Punjab Government letter dated 23.7.1957, and they would automatically be entitled to higher scale of pay, but those others, who have acquired the said qual-ification subsequent to the policy dated 9.3.1990, their case would be governed by the subsequent circular of 9.3.1990, and as such they would not get the higher scale of pay automatically. These appeals are disposed of accordingly in terms of the afore-said decision of this Court.
1. Leave granted.
2. The direction of the High Court granting relief in favour of JBT teachers for the State of Haryana is the subject matter of challenge in these appeals. The High Court appears to have fol-lowed the earlier decision of this Court in the case of Chaman Lal v. State of Haryana since reported in (JT 1987 (2) SC 135(2) = 1987 (3) SCC 113). The question of law involved in these ap-peals was directly the subject matter of consideration in the case of Wazir Singh & Ors. v. State of Haryana reported in (JT 1995 (7) SC 404 = 1996 (3) Suppl. SCC 697). This Court in Wazir Singh’s case has taken notice of the earlier judgment of Chaman Lal as well as the subsequent Notification of the Government of Haryana dated 9.3.1990, and came to the conclusion that those of the JBT teachers, who have acquired B.T. B.Ed. qualification before issuance of the circular on 9.3.1990, would be entitled to get the benefit of part 2 of the Punjab Government letter dated 23.7.1957, and they would automatically be entitled to higher scale of pay, but those others, who have acquired the said qual-ification subsequent to the policy dated 9.3.1990, their case would be governed by the subsequent circular of 9.3.1990, and as such they would not get the higher scale of pay automatically. These appeals are disposed of accordingly in terms of the afore-said decision of this Court.
