G.S.SINGHVI, J. - (1.) THESE appeals are directed against the orders of the Punjab and Haryana High Court whereby the alleged denial of advance increments to the writ petitioners (respondents herein) has been declared illegal and the appellants have been directed to grant them increments in terms of the instructions issued by the Government of Punjab vide Memo No. 6462-ED-II(2)60/32640 dated 1.9.1960 and the Government of Haryana vide letter No.152-Edu-II-69/540 dated 5.1.1968.
(2.) THE respondents joined service as teachers in different categories i.e., Lecturers, Masters/Mistresses, Language Teachers and Physical Training Instructors either in the undivided State of Punjab or the newly formed State of Haryana, which came into being with effect from 1.11.1966. Some of the respondents possessed post-graduate qualifications at the time of entry in the service while others claim to have acquired such qualifications after joining the service. Smt. Hem Lata Gupta and others filed Writ Petition No. 18638/1997 for issue of a mandamus to the concerned authorities of the Government of Haryana to give them benefit of 2/3 advance increments from the date of acquiring post-graduate qualifications in terms of Memo dated 1.9.1960 issued by the Government of Punjab. THE same was disposed of by the High Court with a direction that representation dated 1.10.1997 submitted by the writ-petitioners be decided by the competent authority by passing a reasoned order. In compliance of the Court's directive, the Director of Secondary Education, Haryana (for short, 'the Director'), passed order dated 30.7.1998 whereby he rejected the claim of the respondents on the ground that after fixation of their pay in the revised pay scales in terms of the policy contained in letter dated 5.1.1968 of the Government of Haryana, the teachers are not entitled to advance increments in terms of Memo dated 1.9.1960 issued by the Government of Punjab. THE Director also observed that the instructions issued by the Government of Punjab were applicable only to the Masters working in the grade of Rs.110/250 and were not applicable to other teachers like Junior Basic Teachers, Language Teachers, Art and Craft Teachers, Physical Training Instructors, Headmasters and Lecturers and, therefore, they cannot claim advance increments in terms of those instructions. For the sake of reference, the relevant portions of order dated 30.7.1998 are extracted below:- I. "That the petitioners were the members of Punjab Educational Service Class-III (School Cadre) Rules, 1955 and their conditions of service were governed by the provisions of the said rules. THE pay has been defined in para 10 of the said rules as under: 10. Pay: Members of the service will be entitled to such scale of pay as may be authorized by the Govt. from time to time. This rule clearly contemplates that members of the service like the petitioners will be entitled to such scale of pay as authorized by Govt. from time to time, meaning thereby, as soon as the pay scales of the employees are revised, the present pay scale attached with the post will be of no consequence. II. That as per rule 10 of the said service rules the petitioners are entitled to such scales of pay as authorized by the govt. from time to time. In Appendix A of the said rules the pay scales of Rs.110/250 with a higher start of 2/5 advance increments on acquiring of M.A./M.Sc. qualifications which was enforced at the time of framing of the said service rules was only provided for the post of Masters/Mistresses and not to other categories of teachers. THE said scale of pay remained operative upto 30.11.1967 because after formation of the State of Haryana, the State Govt. vide letter dated 5.1.1968 had further revised the pay scale of the Masters/Mistresses from Rs.110/250 to 220/400 w.e.f. 1.12.1967. and by virtue of the letter dated 5.1.1968 the earlier circulars regarding revision of pay scales issued by the either Governments stood automatically superseded. Meaning thereby Masters/Mistresses who were earlier made eligible for the grant of benefit of advance increments in terms of the pay scales shown in Appendix A of the service rules 1955 and further supplemented as per joint Punjab Govt. letter No. 6382-Edu.III (2) 60/32640 dated 1.9.1960 become disentitled to the benefit of advance increments on acquiring Post Graduation qualifications after having been given revised pay scales w.e.f. 1.12.1967. In other words such Masters/Mistresses who got the Post Graduation qualification on or after 1.12.1967 and were appointed in the service or after 1.12.1967 are not eligible to get the benefit of higher start of 2/3 increments as such provisions did not exist in the Govt. letter dated 5.1.68 under which the grades were revised w.e.f. 1.12.1967. By virtue of the statutory sanction in rule 10 of the Punjab Educational Service Class- III (School Cadre) Rules, 1955 vide which the pay scales were subject to variation from time to time, the petitioners are not entitled to the advance increments as after revision of pay scales w.e.f. 1.12.1967 the pay scales shown in Appendix A in the said service rules 1965 and letter dated 23.7.57 did not remain in existence as the petitioners have either been appointed after 1.12.67 or acquired the M.A./M.Sc. qualifications after 1.12.67. III. xxx xxx xxx IV. That after 1.12.67, the State Govt. had further revised the scales of pay of its employees including the petitioners w.e.f. 1.4.79 and 1.1.86 by framing rules under the proviso of Article 309 of the Constitution of India and these rules are known as Haryana Civil Services (Revised Pay) Rules, 1987 published on 29.2.80 and 29.4.87 respectively. At this time also as provision of grant of 2/3 advance increments on acquiring of M.A./M.Sc. qualification existed and as such the petitioners are not entitled to the benefit of advance increments on acquiring of M.A./M.Sc. qualification existed and as such the petitioners are not entitled to the benefit of advance increments on acquiring of M.A./M.Sc. qualification. V. xxx xxx xxx VI. That further mere look of the provisions of Appendix-A of the said rules 1955 and later on supplemented vide Punjab Govt., letter No.6482-Edu.III (2) 60/32640 dated 1.9.1960 would show that the benefit of 2/3 advance increments was only given to the category of Masters/Mistresses working in the grade of Rs.110/250 and not to the other categories of teachers like J.B.T., Maths, Sanskrit, Punjabi, Art and Craft teachers, P.T.I., Headmasters and Lecturers. Thus those petitioners who are working/appointed against the said posts are also not entitled to 2/3 advance increments on acquiring of M.A./M.Sc. qualification." Respondents Smt. Hem Lata Gupta and 11 others challenged the aforementioned order in C.W.P. No. 17842/1998. They pleaded that in view of the instructions issued by the Government of Punjab vide Memo dated 1.9.1960, they are entitled to advance increments as of right and fixation of their pay in the revised pay scales with effect from 1.12.1967 cannot be made a ground for denying them the benefit of advance increments. In the counter affidavit filed before the High Court, the appellants pleaded that the respondents are not entitled to advance increments in terms of the instructions issued by the Government of Punjab because the same will be deemed to have been superseded with the revision of pay scales of various categories of teachers with effect from 1.12.1967. By an order dated 8.1.2001, the Division Bench of the High Court allowed the writ petition and issued direction, which is under challenge in Civil Appeal No. 4714/2006. The Division Bench relied upon the judgments of this Court in Wazir Singh v. State of Haryana 1995 (Supp) 3 SCC 697, State of Haryana v. Harbans Lal (2002) 10 SCC 125 and held that even though pay scales of the teaches were revised by the Government of Haryana, the earlier instructions were not superseded and, as such, the writ petitioners are entitled to the benefit of advance increments in terms of the policy decision contained in Government of Punjab Memo dated 1.9.1960. The Division Bench also noted that teachers employed in Kurukshetra District have been allowed personal pay equal to one increment in their respective grades for a period of 5 years and held that other teachers cannot be discriminated. The writ petitions filed by other respondents were likewise allowed and similar direction was issued for grant of advance increments to them.
(3.) SHRI P.N. Misra, learned senior counsel appearing for the appellants argued that as a result of revision of pay scales of the teachers with effect from 1.12.1967, the policy contained in Government of Punjab Memo dated 1.9.1960 will be deemed to have been superseded and the High Court committed serious error by relying upon the said memo for issuing a mandamus for grant of advance increments to the respondents. SHRI Misra referred to letters dated 5.1.1968, 20.6.1977 and 20.12.1982 issued by the Government of Haryana and argued that once the State Government took a conscious decision to revise the pay scales of teachers and grant them increments on fulfillment of the specified conditions, the instructions issued by the Government of Punjab could not be invoked by the respondents for claiming benefit of advance increments. On the other hand, SHRI Balbir Singh Gupta, learned counsel for the respondents argued that on acquiring higher qualifications, his clients became entitled to advance increments in terms of Memo dated 1.9.1960 issued by the Government of Punjab and they cannot be deprived of that right simply because the Government of Haryana decided to revise the pay scales with effect from 1.12.1967. We have considered the respective submissions. In exercise of the powers conferred upon him by the proviso to Article 309 of the Constitution of India, the Governor of Punjab framed the Punjab Educational Service Class-III (School Cadre) Rules, 1955 (for short, "the 1955 Rules") for regulating recruitment and conditions of service of persons appointed to the Punjab Educational State Service, Class III, School Cadre. The same were notified on 30.5.1957. Rule 10 of the 1955 Rules lays down that members of the service will be entitled to such scale of pay as may be authorized by the Government from time to time. The scales of pay of different categories of teachers, which were in force at the relevant time, were specified in Appendix 'A' annexed to the 1955 Rules. For the post of Headmasters, the prescribed pay scale was Rs.250-10- 350. For the post of Masters, the prescribed pay scale was Rs.250-10-300. For certain other categories of teachers, the pay scale was Rs.110-8-190/10-250 with a start of Rs.126 to those having the qualification of M.A./M.Sc./M.Ed. with third division and Rs.150 to those possessing qualification of M.A./M.Sc./M.Ed. with second or first division. After two months, the Government of Punjab issued circular dated 23.7.1957 for revision of the scales of pay of certain posts including those of teachers. This was followed by Memo dated 1.9.1960 vide which the State Government sanctioned grant of advance increments to the Masters on their acquiring postgraduate qualifications. The relevant portions of Memo dated 1.9.1960 which constitutes the foundation of the respondents' claim for advance increments are reproduced below: "Sanction of the Government of Punjab is accorded to the grant of advance increments to the Masters working in the Punjab Education Department, who improve/have improved their educational qualifications in the manner detailed below:- Category of Nature of improved Extent of advance personnel qualifications increments Masters (110-8-190/10-250) 2 increments MA/MSc./M.Ed. (3rd Division) MA/M.Sc./M.Ed. 3 increments (1st/2nd Division) 2. The advantage will be enjoyed only once and not for doing any subsequent M.A. It will not be available to those who were given higher start of entry for being MA/M.Sc./M.Ed. 3. These orders will take effect from the date of issue. The original date of increments shall remain unchanged and the persons concerned should be allowed to retain their old dates of increments." ;