UNION OF INDIA AND ANOTHER versus P. SATHIKUMARNA NAIR AND OTHERS

Citation: [1997] 3 S.C.R. 1076 · Decided: 29-04-1997 · Supreme Court of India · Bench: S.B. MAJMUDAR

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Judgment (excerpt)

A 
UNION OF INDIA AND ANOTHER 
v. 
P. SATHIKUMARNA NAIR AND OTHERS 
APRIL 29, 1997 
B 
[S.B. MAJMUDAR AND M. JAGANNADHA RAO, JJ.] 
Service Law : 
Pay Sca/e-Parity--Claim by Junior Lecturers of pre-degree college in 
C Union Territory of Lakshadweep affiliated to Calicut University-High Court 
allowingpari~eld: junior Lecturers in pre-degree colleges in geographical 
area of kerala drawing scale of Lecturers in degree colleges-Claim sus-
tainable. 
The respondents were teaching classes XI and XII in a Senior Higher 
D Secondary School in the Union Territory of Lakshadweep. These two 
classes were converted into a Junior College known as the Jawaharlal 
Nehru College w.e.f.15th July 1972. Though these teachers were designated 
and appointed as lecturers, they were given the pay scale of post-graduate 
teachers in the Secondary High School. There is another such Junior 
E College, the Mahatma Gandhi College, in the said Union Territory. Both 
these Colleges are affiliated to the Calicut University, Kerala. The Ad-
ministrator of the Union Territory by its order dated 1st April 1976 
sought to redesignate the Lecturers of these two colleges as Junior Lec-
turers, equating their pay scale to that of post-graduate teachers in the 
Secondary High School. 
F 
Respondents challenged the order of the Administrator before the 
High Court. Single Judge of the High Court held that they could not be 
equated with post-graduate teachers in the Secondary High School and 
that they were entitled to the scale applicable to Lecturers under the Union 
G of India. He directed the Union of India to consider the claim 
of 
petitioners in accordance with law. A writ appeal against the said judgment 
was dismissed by the Division Beuch. It directed the Union of India to take 
a decision within six months, in the light of the directions of the Single 
Judge. Hence this appeal by Union of India. 
H 
Meanwhile, the Union of India by its order dated 11th August 1986 
1076 
U.O.l. v. P.S. NAIR 
1077. 
rejected the claim or writ petitioners holding that their duties and respon· A 
sibilities were comparable with those or teachers in classes XI and XII of 
Senior Secondary School, and that they could not be ec1uated with the 
Lecturers working in degree colleges run by Union Government. However, 
pursuant to orders in a Contempt petition, the Union of India, by its 
subsec1uent order dated 24th December 1986 redesignated the respondent B 
writ petitioners as Lecturers and granted them the Lecturer grade. 
However, the Government did not designate the other junior lee· 
turers as lecturers nor were they granted lecturer grade. The fourteen 
lecturers of the said two Junior Colleges, similarly placed, when the Union 
of India proposed to and sought to implement its order dated 11th August C 
1986 to them, applied to the Central Administrative Tribunal for similar 
relief as granted by the High Court to the above respondents. The Tribunal 
rejected the claim holding that the duties and responsibilities of those 
persons who were teaching pre-degree classes were not comparable with 
those of Lecturers in Degree Colleges, against which the teachers have 
preferred appeals before this Court. Six similarly situated teachers of the D 
two colleges have approached this Court under Article 32 of the Constitu· 
ti on. 
It was contended for the Union or India that the responsibilities of 
teachers teaching in pre-degree colleges were qualitatively different from E 
those in degree colleges and as such, they were neither entitled to be 
designated as Lecturers nor to the same pay scale. On behalf of the 
Lecturers it was submitted that no such plea was taken before the High 
Court; that these two colleges being affiliated to the Calicut University, 
and in the said University there being no distinction between the pay scale 
F 
applicable to junior Lecturers teaching pre-degree classes and Lecturer 
teaching degree classes, they were also entitled to same; that in the State 
of Kerala in government colleges and private colleges Junior lecturers 
teaching pre· degree classes are drawing the same pay scale as the Lee· 
turers teaching degree classes. 
Disposing of the matters, the Court 
G 
HELD : 1. It is not a fit case to exercise the Court's discretionary 
jurisdiction under Article 136 of the Constitution and to interfere with the 
findings given by the Single Judge or the High Court and affirmed by the H 
1078 
SUPREME COURT REPORTS 
I 1997] 3 S.C.R. 
A Divi

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