WAZIR SINGH, JBT TEACHER AND ORS. versus THE STATE OF HARYANA THROUGH ITS SECRETARY, EDUCATION DEPARTMENT AND ORS.

Citation: [1995] SUPP. 4 S.C.R. 138 · Decided: 29-09-1995 · Supreme Court of India · Bench: J.S. VERMA, K. VENKATASWAMI · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
WAZIR SINGH, JET TEACHER AND ORS. 
v. 
THE STATE OF HARYANA THROUGH ITS SECRETARY, 
EDUCATION DEPARTMENT AND ORS. 
SEPTEMBER 29, 1995 
f.l.S. VERMA AND K. YENKATASWAMI, JJ.j 
Service Laiv: 
C 
State of Ha1yana-Goven11nent schools----Teac/ze1:'1-Appoinln1ent-Ac-
quisitio11 of higher qualifications subscque11tly-Ciaim for higher wadl-
Claint based on instructions issued by State Govenin1ent--Instructio11s super-
seded by mbsequent policy decisio11 of Govenunent-Tcachm· govemed by 
changed policy decision-Held 1101 entitled to higher b•·ade automatically. 
D 
The appellants were appointed as J.B.T .. teachers in Government 
schools in the State of Haryana. Subsec1uently they acquired B.T/B.Ed. 
degrees and claimed higher grade as admissible to the Masters with effect 
from respective dates of their acquiring higher qualifications. They based 
their claim on the instructions dated July 23, 1957 issued by Government 
E 
of Pun.jab. The respondent-State disputed the appellants' claim on the 
ground that the instructions dated July 23, 1957 relied on by the appellants 
were superseded by a later policy decision dated March 9,1990 taken by 
the Government of Haryana which provided that the pay scales admissible 
to the Masters would be .given to such teachers who have been appointed 
F 
against the posts for which the qualification is B.A. B.Ed. In other words, 
teachers \\-'ho acctuire higher qualification during the course of tludr service 
would not be entitled to be placed in the higher scales of pay automatically. 
The High Court held that the appellants were not entitled to the relief 
prayed for because they were never appointed against the post of' l\1asters. 
G 
In appeal to this Court it \\''as contended that in view of the judgment 
of this court in Chaman Lai v. State of Ha1)'a1w, [1987] 3 SCC 113 the 
appellants were entitled to the higher grade of pay. 
Dis1rnsing the appeal, this Court 
H 
HELD : I. From the policy of the Government dated 93.1990 it is 
138 
WAZIR SINGH v. STATE [K. VENKATASWAMI, J.[ 
139 
clear that the Government have altered their earlier policy decision dated A 
23.7.1957. In its revised policy the Government have expressed their une-
quivocal intention to retract f'rorn the earlier principle that teachers ac-
lJUiring the B.T. or B. Ed. degree would he entitled to the higher grade with 
effect fron1 the res1Jective dates of their ac'-1uiring that (JUalification. Rut 
for the policy instructions issued by the Haryana Government on 9.3.1990 
the ruling of this Court in Chaman Lat's case would have definitely applied 
to the facts of this case. The appellants who have not acquired the 
B.T./B.Ed. degree before 9.3.1990 cannot, therefore, claim the benefit of 
higher grade of pay automatically. (144-G-B, H, 145-A] 
B 
Chaman Lal v. State of Hmyana, (1987] 3 SCC 113, held inapplicable. C 
2. In order to prevent'3vi1idahle multiplicity of litigation it is made 
clear that all those who have 3C<JUired B.T./B.Ed. degree before 9.3.1990 
would he entitled to get the benefit of para 2 of the Punjab Government 
letter dated 23.7.1957 and those who have acquired B.T./R.Ed. degree 
subsequently are governed by the changed policy of Haryana Government D 
dated 9.3.1990. (145-C] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9219 of 
1995. 
From the Judgment and Order dated 25.1.94 of the Punjab & 
Haryana High Court in W.P. No. 3201of1993. 
Pardeep Gupta and K.K. Mohan for the Appellants. 
K.C. Bajaj and Ms. lndu Malhotra for the Respondents. 
The Judgment of the Court was delivered by 
K. VENKATASWAMI, J. Leave granted. 
I.A. No. 1/95 for impleadment is allowed. 
The appellants arc teachers in Govcrnn1ent schools in the State of 
Haryana. The appellants were appointed as (J .B.T.) teachers in the schools 
E 
F 
G 
as they <lid not possess B.T./B.EJ. qualification al the ti1nc nf their appoint-
ments. Ho\vevCr, they acquired B.T. B.cd. degree on various dates as 
tnentionecl in page 9 of the S.L.P. Paper Book and also at page 53 (so far 
H 
140 
SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R. 
A 
as newly impleaded appellant No. 8 is concerned). They moved the High 
Count of Punjab & Haryana under Artide 226/227 of the Constitution of 
India for the issue of writ of Mandamus directing the respondents to give 
them the higher grade admissible to the Masters with effect from respective 
dates of their acquiring B.T./B.Ed. qualifications and they also prayed for 
B issue of writ of Mandamus to the res
Excerpt shown. Read the full judgment & AI analysis in Lexace.