Punjab-Haryana High Court
Nimyanti Devi vs State Of Haryana & Anr on 18 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:051830
CWP-3517-1997 (O&M)
2024:PHHC:051830
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(208) CWP-3517-1997 (O&M)
Date of Decision : 18.04.2024
Nimyanti Devi
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Mahabir Singh Tanwar, Advocate for
Mr. A.S. Tewatia, Advocate for the petitioner.
Ms. Vibha Tewari, Assistant Advocate General, Haryana.
***
Harsimran Singh Sethi J. (Oral)
1. In the present petition, the petitioner is claiming the grant of
scale as admissible to the post of Lecturers by placing reliance upon the
Instructions dated 23.07.1957.
2. Learned counsel for the petitioner submits that once the
petitioner is qualified for the post of Lecturers, she is entitled for the grant
of benefit of the pay scale for the said post even while working on a lower
post.
3. Learned counsel for the respondents, on the other hand,
submits that the 1957 Instructions never dealt with the grant of higher pay
scale to the Lecturer as the post of Lecturer was first time created in the
year 1963-1964. Learned counsel for the respondents further submits that
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Neutral Citation No:=2024:PHHC:051830
CWP-3517-1997 (O&M)
2024:PHHC:051830
while working on the post of master and mistress, the Lecturer's pay scale
cannot be claimed without the promotion to the said post and the reliance
is being placed upon the judgment of the Hon'ble Supreme Court of India
in Civil Appeal No. 4714 of 2006 titled as State of Haryana and others
Vs. Hem Lata Gupta and others, decided on 05.01.2010.
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. The only grievance raised in the present petition is that once
the petitioner has gained higher qualifications, which have been
prescribed for the post of Lecturer, she is entitled for the grant of pay
scale even if her substantive rank is of Mistress. The said issue has
already been decided by the Hon'ble Supreme Court of India in Hem
Lata Gupta (supra), wherein, the Hon'ble Supreme Court of India has
held that unless and until an employee gets promotion to the post of
Lecturer, mere acquiring of the qualification required to be appointed as a
Lecturer/promoted as a Lecturer, the higher pay scale as admissible to the
Lecturer cannot be claimed while working on another post. The relevant
paragraph of the said judgment is as under :-
"23. Thus a perusal of the Educational Service Rules which
have been prevailing from 1955 undergoing amendments from
time to time and the subsequent government policy letters and
circulars show that the Teachers are not entitled to higher scales
of pay applicable to the posts of Lecturers automatically on their
acquiring postgraduate qualifications or such qualifications as
are prescribed for the post of Lecturers. We have already pointed
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CWP-3517-1997 (O&M)
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out that the post of Lecturers has throughout been governed by
different sets of rules and never by the Punjab Educational
Service Class III School Cadre Rules, 1955 or the amendments
thereto. Hence, the common question raised in these matters has
to be answered in the negative against the
Teachers/Masters/Mistresses some of whom are respondents in
Civil Appeal No. 4304 of 1990 and the others being petitioners in
SLPs and appellants in Civil Appeal No. 2104 of 1998."
6. Learned counsel for the petitioner has not been able to
differentiate that the claim being raised in the present petition, has already
been rejected by the Hon'ble Supreme Court of India while passing order
in Hem Lata Gupta (supra).
7. No ground is made out for the grant of relief as being
claimed in the present petition.
8. Dismissed.
Pending miscellaneous application, if any, also stands
disposed of.
April 18th, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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