Bhagwan Dutt Sharma Government High School, Roopgarh and others vs The State of Haryana and another

V. Ramaswami, C.J.—This writ petition has been referred for consideration by the Full Bench in view of the fact that the decision of the Division Bench of this Court in C.W.P. No. 7553 of 1976 is not in accordance with the judgment of the Supreme Court on a similar matter reported in State of Punjab and Another Vs. Kirpal Singh Bhatia and Others, . In that decision, the Supreme Court held:-

The High Court rightly referred to the letter of the Secretary of the Department dated 24th September, 1957 that teachers holding B.A.B.T./B.A./B.Ed. qualifications would henceforth be placed in category ''A''.

The High Court rightly came to the conclusion that the scale of pay of Rs. 110-250 would be effective either from the date when the teachers would pass the examination of Bachelor of Teaching or its equivalent on 1 May, 1957, whichever is later.

C.W.P. No. 7553 of 1976 is one of bunch of cases including C.W.P. No. 1220 of 1978, which was disposed of by a common judgment by a Division Bench of this Court. The petitioner in C.W.P. No. 1220 of 1978 took the judgment of this Court in appeal before the Supreme Court and the decision of the Supreme Court is reported in Chaman Lal and Others Vs. State of Haryana, . The judgment of the Division Bench of this Court was reversed and the Supreme Court held, "the teachers who acquired the B.T. or B.Ed. qualification would be entitled to the higher scale of pay as soon as they acquired the qualification irrespective of the dates when they were adjusted against the posts of Masters. The adjustment against the posts of Masters was relevant only for the purpose of seniority in the posts of Masters and for the further purpose of promotion from that post. So far as the scale of pay was concerned, irrespective of adjustment against the post of Master, a teacher was always held to be entitled to the higher scale of pay from the date of the acquisition of the B.T. or B.Ed, qualification. Ultimately, the Supreme Court allowed the appeal and directed the respondents to give higher grade admissible to Masters to all the teachers who have acquired the B.T. or B.Ed. qualification from the respective dates of their acquiring that qualification. In view of this decision of the Supreme Court, the reference will have to be answered in favour of the petitioners and we hold accordingly that the writ petitioners are entitled to the Master''s pay from the date they acquired the qualification.

The writ petition is allowed accordingly. However, there will be no order as to costs.