GURDAS SINGH AND OTHERS ETC. versus STATE OF PUNJAB AND OTHERS

Citation: [2015] 9 S.C.R. 762 · Decided: 01-09-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2015] 9 S.C.R. 762 
A 
GURDAS SINGH AND OTHERS ETC. 
v. 
STATE OF PUNJAB AND OTHERS 
(CivilAppeal Nos.6691-6692 of2015) 
B 
SEPTEMBER 01, 2015 
[M.Y. EQBAL AND C. NAGAPPAN, JJ.] 
Service Law: School cadre teachers- Transferred to the 
c 
college - Claim by teachers for parity of scale with the 
teachers of college - Held: Appellants teaching for last 25 
years in the respondent-Institutions- In the special facts and 
circumstances of the case, the appellants are entitled to get 
the pay scale at par with the teachers of the respondent 
D college inasmuch as they are discharging the same duties 
and also possessing the requisite qualification. 
Allowing the appeals, the Court 
HELD: 1. Appellant No.1 possessed requisite 
E qualifications i.e. Shastri, Acharya and M.A. (Sanskrit) and 
was transferred to the respondent Institute. He served 
in the respondent Institute for the last 26 years. Similarly, 
appellant No.2 possessed qualification of M.A., Punjabi, 
Gyani (Hons in Punjabi). He was transferred from 
F Government Middle School to the respondent Institute 
in August, 1979. The appellants have been teaching to 
the students in the college. From perusal of the letter 
issued by the Punjab University, Chandigarh dated 
G 
27.6.1965 addressed to the Principal of all the Institutions 
affiliated with the University inviting attention to the office 
circular dated 27.11.1963, it is clear that the decision was 
taken at the meeting of the syndicate laying down the 
.. 
minimum qualifications for both the teaching staffs of 
H 
762 
GURDAS SINGH AND OTHERS v. STATE OF PUNJAB 763 
the affiliated Institutions. It was further decided by the A 
University that those teachers who are confirmed hands 
and over 40 years of age will be approved on the basis 
of their long teaching experience etc. even if they do not 
exactly fulfill the qualification. The appellants have been 
working for the last 25 years in the respondent 8 
Institutions and teaching the students of the college. The 
reason given by the High Court is that for the purpose 
of claiming pay-scale at par with the college teachers, 
the minimum requirement is that one has to clear the c 
~ 
State Level Eligibility Test. That condition will not apply 
so far the appellants are concerned as because on the 
date when they were appointed and transferred to the 
college there was no requirement for having the 
qualification of State Level Eligibility Test. The D 
qualification of the candidate is considered at the time 
of appointment and not after rendering 25 years of 
service in the college. In the special facts and 
circumstances of the present case, the appellants are 
entitled to get the pay-scale at par with the teachers of E 
the respondent college inasmuch as they have been 
discharging the same duties and also possessing the 
required qualification. However, this order will not create 
a precedent. [Paras 15 to 19] [770-B-H; 771-A-C, F-G] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
F 
6691-6692 of 2015. 
From the Judgment and Order dated 26.03.2013 of the . 
High Court of Punjab and Haryana at Chandigarh in LPA Nos. 
G 
76 and 78 of 2012. 
WITH 
C. A. No. 6693-94 of2015. 
A. Sharan, Natasha Vinayak, Tushar Bakshi, Monika H 
• 
764 
SUPREME COURT REPORTS 
[2015] 9 S.C.R. 
A Arora, Sarad Kumar Singhania, Gaurav Upadhyay, Saurabh 
Ajay Gupta, Nishant Bishnoi (for Kuldip Singh), Praveen 
Chaturvedi for the appearing parties. 
B 
The Judgment of the Court was delivered by 
M. Y. EQBAL, J. 1.Leave granted. 
2. These appeals by special leave are directed against 
the Judgment and order dated 26.3.2013 passed by the High 
Court of Punjab and Haryana in LPANos.76 and 78of2012, 
C whereby Division Bench of the High Court dismissed the 
Letters Patent Appeals preferred by the appellants-teachers 
upholding the decision of the learned Single Judge who 
disposed of their writ petitions with certain directions. 
D 
3. The facts of the case in brief are that various writ 
petitions at the instance of teachers of two of the Sanskrit 
Institutes at Patiala and Nabha were filed, which were clubbed 
and segregated by the learned Single Judge under two heads. 
First, the cases in the nature of public interest that were filed 
E by the affected teachers themselves that the Sanskrit 
Mahavidyalya, Patiala and Sanskrit Institute at Nabha shall not 
be brought down to the level of school since they conduct 
courses at par with colleges beyond the level of matriculation 
F and 

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