LexSTATE OF HARYANA versus RAM CHANDER AND ANR.
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I -1 '< STATE OF HARYANA A v; RAM CHANDER AND ANR. MAY 9, 1997 [S.B. MAJMUDAR AND M. JAGANNADHA RAO, JJ.) B Service Law : Haryana Civil Services (Revised Pay) Rules, 1987. c Parity in employment-Equal Pay for Equal Work-Principle---Ap- plicability of-Teachers of different educational institutes taught the same syllabus, the students appeared at the same type of exami11atio11s a11d were eligible for further admission to degree colleges-However, there was dif- ference in educatio11al qualifications-Held : Claim for parity i11 pay scale of D teachers of differe11t educatio11al i11Stitutes, established-17ie difference in educational qualifications would have made some vital difference but for tlze fact that the State Government ignored the difference while granting unif omz pay scale to its teachers-Constitution of India, 1950, Arts. 14 and 16. Parity in employment-Equal Pay for Equal Work-Different sets of E seniority lists-Maintenance of-Held : Totally in-elevant consideration in deciding the questio11 of parity i11 pay scale. Parity in employment-Equal pay for Equal Work-Arrears of pay-Date of comi11g i11to effect~High Cowt grallted higher pay scale 011 F notional basis retrospectively but gra11ted arrears prospectively from the date of judgment of Single Judge-Employees did not challenge validity of such directions of High Court-He11ce, date of payme11t of arre.ars 11ot i11tetfered with. The respondents were language teachers in Government Vocational Education Institute and taught Hindi and English to standard 11 and 12 students in the said Institute. The respondents' grievance was that they should be given parity in pay scales with the teachers who taught standard 11 and 12 students in higher secondary schools in the State on the principle G of 'Equal pay for Equal Work'. The teachers in higher secondary schools H 309 310 SUPREME COURT REPORTS [1997] SUPP. 1 S.C.R. ' A were designated as Lecturers. . I The responde.n.~ taught the same syllabus of Hindi and English to standard 11 and 12 students who appeared in the same type of examination and wrote the same papers as were written by the standard 11 and' 12 students who were taught Hindi and English in higher secondary schools. B The students of standard 11 and 12 who were taught Hindi and English by the respondents were examined in the same subjects by the same institution, namely, State School Education Board which set the same type of examination papers on the basis of same syllabus, to the students taught by the respondents as well as to the students who were taught by Language C Teachers attached to the regular higher secondary schools who also taught standard 11 and 12 students the very same languages, English and Hindi, based on the same syllabus. The studen'ts who were taught by the respon· dents and passed out standard 12 examination got the certificate of 10 + 2 examination on the same lines as students who passed standard 12 ex- amination from higher secondary schools .. These certificates obtained by D vocational education institutes' students were exactly at par with the certificates .issued on completion of successful passing of standard 12 examination by general education students coming out of higher secondary schools. Both these sets of students were eligible to get admission in B.A., B.Com. etc. and to pursue higher studies in colleges. E Even quantitatively also the respondents did teachiii~ work for a longer period. The respondents taught for 24 hours in a week r-hereas the Lecturers in higher secondary schools taught for 20 hours in a week. However, the respondents were required to possess only a pass class in Master's degree whereas the Lecturers in higher secondary schools were F required to possess a Master's Degree in 2nd Division with 50% marks. The pay scales revised by the State Government were based on the recommendation of the Pay Revision Committee, which in turn took into consideration the recommendations of the Fourth Central Pay Commis- G sion constituted by the Central Government. Prior to the pay revision there wt;re different pay scales for Lecturers in higher secondary schools. Sub- sequently, the State Government ignored this difference and granted uniform pay scale to all Lecturers in higher secondary schools under Haryana Civil Services (Revised Pay) Rules, 1987. H The respondents filed a writ petition before the High Court claiming ·,.. ... > STA
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