SUPREME COURT OF INDIA

Before:- G.B. Pattanaik, C.J.I. and U.C. Banerjee, JJ.

Civil Appeals Nos. 5065-68 of 2000 (arising out of SLP (C) Nos. 12129-12132 of 1995). D/d. 15.9.2000.

State of Haryana and others - Appellants

Versus

Harbans Lal and etc. - Respondents

Constitution of India, Article 16 - Pay Scale - JBT teachers in State of Haryana acquiring B. T., B.Ed. qualification before issuance of Govt. Circular decided on 9-3-1990 are automatically entitled to higher scale of pay - Those acquiring qualification subsequent to coming into force of the policy decided on 9-3-1990 would be governed by the said policy - They would not be automatically entitled to higher pay scales.

[Para 2]

Cases Referred :-

Chamal Lal v. State of Haryana, 1987 (3) SCC 113.

Wazir Singh v. State of Haryana, 1995 Suppl (3) SCC 697.

ORDER

Leave granted.

2. The direction of the High Court granting relief in favour of JBT Teachers for the State of Haryana is the subject-matter of challenge in these appeals. The High Court appears to have followed the earlier decision of this Court in the case of Chamal Lal v. State of Haryana, since reported in 1987 (3) SCC 113. The question of law involved in these appeals was directly the subject matter of consideration in the case of Wazir Singh v. State of Haryana reported in 1995 Suppl (3) SCC 697. This Court in Wazir Singh's case has taken notice of the earlier judgment of Chaman Lal as well as the subsequent Notification of the Government of Haryana dated 9-3-1990, and came to the conclusion that those of the JBT Teachers, who have acquired B. T., B.Ed. qualifi-cation before issuance of the circular on 9-3-1990, would be entitled to get the benefit of part 2 of the Punjab Government letter dated 23-7-1957, and they would automatically be entitled to higher scale of pay, but those others, who have acquired the said qualification subsequent to the policy dated 9-3-1990, their case would be governed by the subsequent circular of 9-3-1990, and as such they would not get the higher scale of pay automatically. These appeals are disposed of accordingly in terms of the aforesaid decision of this Court.

Order accordingly.