LexGURPAL TULI AND ORS., ETC. versus STATE OF PUNJAB AND ORS.
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A B c D E F G 11 GURPAL TULl AND ORS., !OTC. v. STATE OF PUNJAB AND ORS. September 28, 1984 [R.S. PATHAK AND R.B. MISRA, JJ.J Constitution of India 1950-1rtic!e 14-'equa/ pay for equal work'- Principle-Applicability of-State Government circular stipulatinz different grades of pay-Entitlement to a grade when arises. Civil Services : Punjab Education Service-State Government circular- dijferen: grades of pay for different categories-Entitlement to a grade when arises. The appellants who were employed as Masters and Mistresses in High and Higher Secondary Schools run by the State Government and possessed an M.A. or M.Sc. or B.T. or B.Bd. degree contended in their writ petitions that they were paid according to the pay scale of Rs. 220-500 and ·claimOd that they were entilled to either of the higher grades set forth in paragraph 2 of the State Government Circular Letter dated July 29, 1967 viz. Rsi 300-25·450/25-600 for those with !st and 2nd Division Master's Degree and Rs. 250·25-400/25-550 for thoso with 3rd Class Master's Degree. The High Court negatived their contentions and dismissed the writ petition, and this was affirmed by the Division Bench in appeal. Dismissing the Appeal to thi1 Court, HELD: 1. The grades specified in paragraph 2 of the Circular Letter dated July, 29, 1967 arc applicable only to thoso who speciftcally hold the posts of lecturer. There arc a limited number of Such posts, and appointment to them is strictly subject to the conditions detailed in para• graph 2 of the Circular Letter. The contention on behalf of the appellants that on the principle of "equal pay for equal work"-Randhir Singh v. Union of India and Ors., [1982] 3 SCR 298 they are entitled to th• grades mentioned in para 2 of the Circular Letter dated July 29, 1967 has therC?- foro to be negatived. [88& D; C] 2. The appellants claim the benefit of par<1uraph 2 of fhe Circular Letter dated July 29, 1967 and therefore no reliance can be placed by them on the Circular Letters da1ed February, 19, 1979 and September, 20, 1979 which relate merely to the scheme embodied in the Circular Letter ' - . ' ililRi>AL fuLi v. PUN1AB (Pathak, J.) dated July 23, 1957. The Circular Leiter dated July, 29, on a very different plane from the Circular Letter dated July 1967 operates 23, 1957. (888 B; 885 E] A 3. The decision of this Court in State of Punjab v. Kh-pal Singh Bhatia~ [1976] 1 SCR 529 is of no assistance to the appellants. That was a case which was primarily concerned with Circular Letter daled July, 23, 1957. . [885 D] B CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 3452-54 and 4030-32 of 1982. Appeals by Special leave from the Judgment and Order dated the 20th November, 1979 of the Punjab and Haryana High Court in L.P.A. Nos. 26, 62, 29, 38, 39, and 30 of 1978. R.K. Garg and N.S. Das Bahl for the Appellants in CAs. Nos. 3452-54 of 1982. c M.K. Ramamurthi, and Mrs. Urmila Sirur for the Appellants in D CAs. 4031 /82 and CAs. 4030-32 of 1982. P.P. Rao and D.D. Sharma for the Respondents. The Judgment of the Court was delivered by PATHAK, J. The appellants, in these appeals by special leave, are aggrieved by the judgment of a Division Bench of the High Court of Punjab and Haryana affirming the dismissal of their writ petitions by a learned Single Judge of that Court. The appellants arc teachers in the service of the State of Punjab. They claim the grades prescribed in paragraph 2 of the Government Circular letter No. 2036-ED. 1-67/2167 dated July 29, 1967, and in that regard seek the benefit of tbe Circular lotter No. 9/9/79-FR (2)/143 dated February 19, 1979 and its clarification by Circular letter No. 8937-5ED. 1179 /2659 dated September 20, 1979. The Circular letter dated July 29, 1967 gave effect to the recommendattons of the Kothari Commission with effect from November I, 1966 in respect of teachers in Government Schools. Paragraph 2 of the Circular letter provided :- ''2. Lecturers in Higher Secondary Schools, Punjab E F G Institute of English- and Masters/Mistresses with Post- II B c D E F G II 884 SUPREME COURT REPORTS [1985j i s.c.a. graduate qualifications in High/Higher Secondary Schools will be placed in Rs. 300-25-450/25-600 grade provided they have I st and 2nd Division Master's Degree. Those with 3rd Class Master's Degree will be placed in the grade of Rs. 250-25-400/25-550." It was specified that "the number of posts in
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