STATE OF HARYANA AND ORS. versus RAJPAL SHARMA AND ORS.

Citation: [1996] SUPP. 4 S.C.R. 23 · Decided: 25-07-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Dismissed

Judgment (excerpt)

• 
STATE OF HARYANA AND ORS. 
A 
v. 
RAJPAL SHARMA AND ORS. 
JULY 25, 1996 
(K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
B 
Service Law : 
Educational Institutio11s-Teachers of privately mallaged aided 
school-Claim for pay scales as admissible to their coullter- pafts i11 Govem-
C 
me11t Sc!zools-Helll teachers of aided schools are e11titled to same pay scales 
as are ad111issible to teachers of Govenunent schools-Constitution of India, 
1950-Ait. 39(d)-Equal pay for equal w01k. 
The respondents were JBT teachers in privately managed aided D 
schools in the State o[ Haryana. They acquired higher qualifications while 
continuing in service, and claimed higher scales of pay as were being given 
to their counter-parts in Government schools. The State Government 
refused their claim, but the High Court allowed their writ petitions and 
granted the relief. Aggrieved, the State Government filed the present 
appeals. 
E 
Dismissing the appeals, this Court 
HELD: The respondent-teachers employed in aided schools shall be 
paid the same salary and dearness allowances as is paid to teachers 
employed in Government schools with effect from 1.4.1990, as was directed 
by this Court in Hwya11a State Adhyapak Sangh's case*. [26-H; 27-A] 
*Haryana State Adhyapak Sa11gh a11d Ors. v. State uf Hwyana, (1990] 
Suppl. SCC 306, relied on. 
Haryalla State Adhyapak Sangh alld Ors. v. State of Haryalla alld Ors., 
[1988] 4 SCC 571 and Chaman Lal alld Ors. v. State of Haryana alld 
another, (1987] 3 sec 113, referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 9511-12 
F 
G 
of1996. 
fl 
23 
24 
SUPREME COURT REPORTS [1996] SUPP. 4 S.C.R. 
A 
From the Judgment and Order dated 19.8.94 of the Punjab and 
B 
c 
Haryana High Court in C.W.P. Nos. 5354/91 and 10324/92. 
Prem Malhotra for the Appellants. 
Mrs. Rekha Palli and A. V. Palli for the Respondents. 
The Judgment of the Court was delivered by 
G.B. PATIANAIK, J. Delay condoned. 
Leave granted. 
These appeals by special leave are directed against the judgment of 
the High Court of Punjab and Haryana dated 19th August, 1994 in Civil 
Writ Petition Nos. 5354 of 1991 and 10324 of 1992. By the impugned 
judgment the High Court has directed that the respondents would be 
entitled to the same scales of pay and privilages as are available to their 
D counter-parts in government schools. Admittedly the respondents are JBT 
teachers in Privately Managed Aided Schools in Ambala District in the 
Stale of Haryana. While they continued as employees of private schools 
much prior to the Haryana State was formed, the State of Haryana by 
issuance of Notification dated 3rd January, 1968 revised the pay scales of 
E 
F 
the teaching personnel with effect from 1st December, 1967. These respon-
dents acquired higher qualification while continuing in service and there-
fore claimed higher scales of pay as is being admissible to their 
counter-parts in government schools. The State Government having 
refused their claim, they approached the High Court by way of writ 
petitions. The High Court relying upon the earlier decision of the same 
Court in <;ivil Writ Petition No. 876 of 1988 granted the relief and hence 
the present appeals. 
Mr. Prem Malhotra appearing for the appellant State contends that 
the schools in question being Privately Managed Aided Schools, the 
employees thereof are entitled to reimbursement of 95% of budgetary 
G deficit by way of grant and therefore the State is not bound to grant these 
employees the scales of pay as is admissible to their counter-parts in 
government schools. Mr. Palli appearing for the respondents on the other 
hand contended-that it has heen held by this Court that teachers of aided 
schools must be paid the same scales of pay and other allowances as 
H teachers of the government schools and therefore, the High Court was fully 
• 
STATE v. RATPALSHARMA[G.B.PATfANAIK,J.\ 
25 
justified in granting the relief sought for. The question that arises for 
A 
consideration is whether the teachers of privately aided schools in the State 
of Haryana would be entitled to the same scales of pay and other allowan-
ces as are admissible to their counter-parts in government schools? 
In Chaman Lal and Otheis v. State of Haryana and Anothe1; [1987] 3 
sec 113, the question for consideration was whether teachers who started 
as Basic Trained teachers and later acquired the higher qualification, 
whether would be entitled to higher scales of pay ? This Court considered 
the reco

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