HARYANA STATE ADHYAPAK SANGH AND ORS. ETC. versus STATE OF HARYANA & ORS.

Citation: [1988] SUPP. 1 S.C.R. 682 · Decided: 28-07-1988 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Disposed off

Judgment (excerpt)

) 
A 
HARYANA STATE ADHYAPAK SANGH AND ORS. ETC. 
v. 
STATE OF HARYANA & ORS. 
JULY 28, 1988 
B 
[R.S. PATHAK, CJ AND G.L. OZA, J.] 
Teachers employed in recognised, aided private schools must be 
1
given same Scales of Pay and. Dearness Allowance as teachers in 
Government Schools. 
C 
The Kothari Commissk>n appointed by the Government or India 
to examine . the conditi(/ns or service or teachers with the object or 
improving the standards or education in the country recommended inter 
alia that the scales or pay or school teachers belonging to the same 
category bnt working nnder different managements such as Govern· 
ment, local bodies or private organisations should be the same, and, 
.D falling in line with other States, the State of Haryana decided to imple-
ment the same with effect from I December, 1967. As the deficit bet-
ween the original grades and the revised grades was found too burden-
some for the managements of the aided schools to bear, the State 
decided to meeflhe increased expenditure entirely in regard to Pay and 
Dearness Allowance. The State Government followed the principle or 
E 
parity between the teachers working in aided schools and Government 
schools until 1979. In 1979, the pay scale of teachers in Government 
schools was revised by theState aner the report of the Pay Commission, 
but in the case of the teachers of aided schools the revision was effected 
two years later. The appellants and the writ petitioners, who were 
· teachers employed in various recognised aided private Schools, alleged 
F 
that the salary and other emoluments such as Dearness Allowance, 
House Rent Allowance, City Compensatory Allowance, Medical 
Reimbursement, Gratuity, etc., paid to them had fallen far behind the 
emoluments paid to the teachers in Government schools and this Court 
should interfere in order. to remove such discrimination since the 
constitutional responsibility of providing education in schools devolved 
G on the Government and it exercised deep and pervasive control over the 
running of aided sch.ools •. 
Disposing of the appeal and petitions, 
HELD: There is general agree~ent between the parties that there 
H 
is_ no re..Son for discrimination between the teachers employed in aided 
682 
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I 
HARYANA STATE ADHYAPAK SANGH v. STATE leATHAK, CJ.) 
683 
schools and those employed in Government schooh $0 far as the salaries 
A 
and Additional Dearness Allowances are concerned. T·he State Govern-
ment has expressed its readiness to reimburse the payment of ten insta.1-
ments of the Additional Dearness Allowance, but not the tweety live 
Additional Dearness Allowance instalments released after 1 April, 
1981. In our opinion, ttie teachers of aided schools must be paid the 
same pay scale and Deanttss Allowance as teachers in Government 
B 
schools for the entire period claimed by the petitioners, and that the 
expenditure on that account should be apportioned between the State 
and the Management in the same proportion in which they share the 
burden of the existing emoluments of the teachers. [685B-C, E-G] 
The State Government will also take up with the management,s of 
the aided schools the question of bringing about parity between ,the 
teachers of aided schools and the teachers of Government schools so 
th;tt a scheme for payment may be evolved after having regard to the 
different allowances claimed by the petitioners. [686C) 
'~ ·. 
c 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
D 
2366-67 of 1988 etc. 
From the Judgment and Order dated 21.2.1985 of the Punjab 
and HaryanaHigb Court in C.W.P. No. 5353 of 1984. 
Pankaj Katra, B.S. Gupta, P.C. Kapur and S. Mitter for the 
E 
Appellants. 
Rajinder Sachar, D:K. Garg, Mahabir Singh and A.K. Goel for 
the Respondents. 
The Judgment of the Court was delivered by 
PATHAK, CJ. Special leave to appeal is granted in both the 
special leave petitions·. 
F 
The petitioners are teachers employed in various recognised 
aided private schools in the State of Haryana. The schools are 
G 
maintained under private management. They receive financial aid 
from the State Government. The petitioners have come to Court alleg-
ing that teachers employed in Government aided private schools are 
~ · 
entitled to parity with the teachers employed in Government schools 
in the matter of pay scales and other emoluments such as Dearness 
Allowance, House Rent Allowance; City Compensatory Allowance, 
H 
A 
H 
c 
D 
E 
684 
SUPREME COURT REPORTS 
[1988) Sup

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