9911796707
TMI Blog2003 (11) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... as JBT teacher. In the year 1957, the State of Punjab issued a Circular on 23rd July, 1957 directing that higher pay scale shall be granted to a particular-class of teachers on acquiring the particular educational qualification. It is alleged that this Circular was made applicable to the State of Haryana also. Subsequently, on 5th September, 1979, State of Haryana issued an Order which provided for the grant of higher pay scale on acquisition of higher qualification which was superseded by Government Order dated 9th March, 1990 which runs as follows: 8. In the present revision of pay scale of government employees teaching personnel of the Educational Department (hereinafter called the 'policy of the Government', in unequiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed for them. Similarly, the teaching posts are sanctioned for various educational institutions keeping in view the subjects and classes, the incumbents of these posts are required to teach and for that specific qualifications are prescribed in the service rule as well as at the time of recruitment. For example, if a B.A., E.Ed. pass candidate with the qualifications of Matric JBT also applied for the post Matric JBT and is taken into service on the basis of higher qualification, he/she cannot claim the grade of Master /Mistress, but will get the sanctioned scale of pay of teacher meant for Matric JBT. Similarly, if a Matric JBT teacher improves his qualification during the course of service and acquire degree of B.A., B.Ed. or of languag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which letters already become inoperative on their improving/acquiring higher qualifications during the course of their service automatically. The masters/teachers in the Education Department will be placed in the scales of pay of their respective categories to which they are appointed against the sanctioned posts and mere possession/acquiring of higher qualifications will not entitle them automatically to claim higher pay scales. (emphasis supplied) 2. In the year 1995 the respondents filed a writ petition in the Punjab Haryana High Court contending that as they possessed qualification of B.A. or B.Ed. or both, they are entitled to a higher scale of pay in terms of the aforementioned 1998 circular and the State be direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Haryana, this Court directed, 'all those who have acquired B.T./B.Ed. before 9.3.1990 would be entitled to get higher scales of pay in terms of para 2 of the composite Punjab Government letter dated 23.7.1957.' In Kamal Singh Saharwat (supra) a Bench of this Court considered the decision rendered in Wazir Singh (supra) and a large number of other decisions and came to the conclusion, 'thus it is seen, that there is no judgment of this Court holding that Teachers acquiring postgraduate qualifications or qualifications prescribed for the post of Lecturers would automatically be entitled to scales of pay applicable to the Lecturers on acquiring such qualifications without being appointed as Lecturers in accordance with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as indicated hereinbefore in no uncertain terms held that even such holders of such offices would not automatically be entitled, on acquisition of a higher qualification as higher scale of pay. The petitioners, as noticed, already had higher qualification and thus not entitled to benefit of any circular whatsoever. Unfortunately, this aspect of the matter have not been taken into consideration by the High Court. Further more, even an order cannot be passed under Article 142 of the Constitution of India which will be contrary to the Statute or statute of the Rules. 6. Thus in this view of the matter that any teacher who was granted, this pay scale was only those JBT teachers who were entitled to have a higher pay scale if they acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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