K. C. GUPTA AND 117 OTHERS versus LT. GOVERNOR OF DELHI AND 43 ORS.

Citation: [1994] SUPP. 2 S.C.R. 637 · Decided: 16-08-1994 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Case Partly allowed
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Judgment (excerpt)

K.C. GUPTA AND 117 ORS. 
v. 
LT. GOVERNOR OF DELHI AND 43 ORS. 
WITH 
K.C. LAKHANPAL AND 10 ORS. 
\. ... 
DELHI ADMINISTRATION AND 4 ORS. 
AUGUST 16, 1994 
[S.C. AGRAWAL AND FAlZAN UDDIN, JJ.] 
Constitution of India, I950: Articles 14 and 16 read with Ru/es/Ad-
ministrative Instruction under Article 309--Where the Scheme for merger of 
two cadres is implemented, it must be implemented in a manner so as to see 
that .~o cadre is discriminated against. 
A 
B 
c 
Service Law : Delhi Administration-Municipal Corporation of D 
De/hf-School Teachers-Merger of cadres-Implementation o~atio of 
promotion-No cadre to be discriminated against. 
Prior to July 1, 1970 Post Graduate Teachers (PGT) in the pay scale 
of Rs. 275·550 and Trained graduate Teachers (TGT) in the pay scale of E 
Rs. 190-425 were employed in the High Court Secondary Schools run by 
the Delhi .Admn. Besides, M.C.D. also used to run several Middle and 
Higher Secondary Schools with the categories of teachers as follows : 
L 
IL 
TGT (Middle) 
TGT ( Higher Secondary) 
Rs. 175. 350 
Rs. 190. 425 
III. 
Headmasters of Middle School 
Rs 220 • 470 
IV. 
PGT 
Rs. 275. 550 
F 
Corporation's schools were taken over by the Admi~istration on the G 
terms and conditions mentioned in the letter dated April 20, 1970 sent by 
the Additional Secretary. All the merged employees of the Corporation who 
were to be absorbed by Delhi Administration also accepted the terms and 
conditions of the service for absorption. In pursuance of the resolution of 
the Municipal Corporation and the notilication of the Lt. Governor the H 
637 
638 
SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R. 
A services of all the teacher serving in the schools run by the Corporation 
were taken over from the Municipal Corporation were to be absorbed in 
the services of Delhi Administration to be placed in the separate cadre and 
designated as 'Special Cadre' and regarded as diminishing cadre. 
B 
c 
Admillistration Teachers were designated as Administration cadre. 
TI1e ratio of the aforesaid two cadres for the purposes of promotion was 
as under: 
(a) 
(b) 
TGTs Admn. Cadre 
21 
PGTs in Admn. Cadre 
23 
TGTs Sp!. 
1 
PGTs in Sp!. Cadre 
1 
Delhi Administration Cadre teachers filed writ petition in the High 
Court challenging the take over of corporation teachers. The petition was _ 
D dismissed holding that there was no infirmity in the principles on which 
the take over of the schools was effected The pay-scales of different 
categories were revised With effect from May 27, 1970. 
According to U,is revision of pay scales the TGTs (Middle) whose 
scale of pay was 175-350 and the TGTs (Higher Secondary) whose pay scale 
E was 190-425 were merged together in one cadre and were given nnilied were 
merged together in one cadre and were given unified revised pay scale of Rs. 
220-500. The existing pay-scales to the Headmasters of the Middle Schools 
was Rs. 220-470 which was revised to Rs. 300-600 and the PGTs whose 
existing pay scale was Rs. 275-550 was also revised to Rs. 300-600. On the 
F 
basis of the aforesaid revision of pay scales of the TGTs (Middle) and TGTs 
(Higher Secondary) as both were placed in one unified scale a change of 
proportion of ratio/quota between the Administration cadre and special 
Cadre, was worked out by the Delhi Administration. Retrospectively from 
May 27, 1970 the TGT (Middle) and the TGT (Higher Secondary) both were 
placed In a unified common scale of pay of Rs. 220-500 and, therefore, there 
G was no question of promotion ofTGT (Middle) to the post ofTGT (Higher 
Secondary) as the scale of boili became one. By the order dated September 
18,1970whlch was brought into forcewith effectfrom May27, 1970 the same 
pay scales were also made applicable to Headmasters and PGTs. As regards 
to seniority and promotion of the Administrative Cadre and Special Cadre 
H are administrative decision was taken by the Chief Secretry Delhi Ad· 
K.C. GUPTA v. LT. GOVERNOR OF DELHI 
639 
ministration on October 22, 1970, to the effect that the PGT will rank senior A 
to the Headmaster and similarly, both the categories of TGTs from 
Municipal Corporation Delhi (Middle and Higher Secondary Teachers) 
will be placed in the same panel but the TGTs of Higher Secondary School 
will rank senior to the TGT of the Middle schools. The Headmasters of 
middle schools of Corporations became surplus and, therefore, those who B 
possessed qualification of M.A. would be promoted to the post of PGT and 
those
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