ivil Appeal Nos
3452 54 and 4030 32 of 1982
Appeals by Special leave from the Judgment and order dated the 20th November 1979 of the Punjab and Haryana High Court in LPA Nos
2662 29 3839 and 30 of 1978
RK Garg and NS Das Bahl for the Appellants in CAs
Nos 3452 54 of 1982
MK Ramamurthi and Mrs Urmila Sirur for the Appellants in CAs
403182 and CAs
4030 32 of 1982
PP Rao and DD Sharma for the Respondents
The Judgment of the Court was delivered by PATHAK J
The appellants in these appeals by special leave are aggrieved by the judgment of a Division Bench of the High Court of Punjab and Haryana affirming the dismissal of their writ petitions by a learned Single Judge of that Court
The appellants are teachers in the service of the State of Punjab
They claim the grades prescribed in paragraph 2 of the Government Circular letter No 2036 ED
1 672167 dated July 29 1967 and in that regard seek the benefit of the Circular letter No 99179 FR 2143 dated February 19 1979 and its clarification by Circular letter No 8937 5ED
11792659 dated September 20 1979
The Circular letter dated July 29 1967 gave effect to the recommendations of the Kothari Commission with effect from November 1 1966 in respect of teachers in Government Schools
Paragraph 2 of the Circular letter provided 2
Lectures in Higher Secondary Schools Punjab Institute of English and MastersMistresses with Post 884 graduate qualifications in HighHigher Secondary Schools will be placed in Rs 300 25 45025 600 grade provided they have 1st and 2nd Division Master s Degree
Those with 3rd Class Master s Degree will be placed in the grade of Rs 250 25 40025 550
 It was specified that the number of posts in Lecturer s grade will be 1517 ie 742 posts for the existing school Lecturers and 829 additional posts for other MastersMistresses with Post graduate qualifications
 It was clarified that the MastersMistresses will be eligible to Lecturer s grade only if they have Post graduate qualifications in the subject of their teaching
No one will be entitled to those 829 additional posts automatically
These posts will be allocated to various subjects keeping in view the requirements of the educational institutions and the appointments will be made keeping in view the rulesinstructions as amended from time to time
 Paragraph 3 stated that all trained graduates and all other Masters with Post graduate qualifications who are not fitted in the scale of Lecturer will be in the scale of Rs 220 8 300 10 40020 500
 It is apparent that paragraph 2 of the Circular letter dated July 29 1967 is concerned essentially with providing for a Lecturer s Grade 1 It was intended to have 1571 posts in the Lecturer s grade consisting of 742 posts for the existing Lecturers and another 829 posts for Masters or Mistresses
Masters or Mistresses were eligible for these posts in the Lecturer s grade only if they possessed Post graduate qualifications in the subject of their teaching
Those who did not satisfy that criterion were not eligible for those posts
Moreover no one was entitled to any of the 829 additional posts automatically
The additional posts were to be distributed with reference to different subjects and the distribution would be made having regard to the requirements of the educational institutions and subject to the rules and instructions currently in force
2 Existing Lecturers and Masters or Mistresses with Post graduate qualifications who possessed a Master s degree in the first or second division would be entitled to the grade of Rs 300 25 45025 600
Lecturers and 885 Masters or Mistresses with Post graduate qualifications who possessed a Master s degrees in the third division would be entitled to the grade of Rs 250 25 40025 550 
The appellants say that they are employed as Masters and Mistresses in High and Higher Secondary Schools run by the Punjab Government and possess an MA or MSc
or BT or BEd
degree and some of them have even acquired an MEd
degree
They are presently paid according to the pay scale Rs 220 500
They claim that they are entitled to either of the higher grades set forth in paragraph 2 of the Circular letter dated July 29 1967
From what has gone before it is clear that they can legitimately claim the benefit of those grades only if they are appointed to the posts of Lecturer
And they do not dispute that they are not incumbents of those posts
Much reliance has been placed on the decision of this Court in State of Punjab vs Kirpal Singh Bhatia
In our opinion that case is of no assistance to the appellants
That was a case which was primarily concerned with Circular letter No 5058 FR II 575600 dated July 23 1957
The Circular letter dated July 29 1967 operates on a very different plane from the Circular letter dated July 23 1957
A brief reference to the historical background of the Circular letter dated July 23 1957 will suffice
Concerned at the low salaries granted to certain categories of Government servants the Punjab Government issued Circular letter No 5058 FR II5600 dated July 23 1957 revising their scales of pay
Paragraph 3 classified all teachers in the Education Department according to their qualifications in two broad categories category A being BABScBComBSc
Agriculture and BTDiploma in Physical EducationDiploma in Senior Basic Training
and they would now carry the scale of pay 886 Rs 100 8 190 10 250 with a higher start for MA or MSc
as at present
 As is evident the category was defined by reference to the possession of the specified graduate degree or Diploma
In the event such a teacher also held a Post graduate degree he was entitled to a higher start in the grade
The grade however remained the same
It appears that several teacher tiled writ petitions in the High Court claiming revised scales of pay on the ground that they had taken graduate degrees and therefore were entitled to the benefit of the grade mentioned against Category in the Circular letter dated July 23 1957
In opposition to the writ petitions the State Government contended that the letter did not contemplate tho grant of the grade to all teachers but only to teachers appointed as Masters
The High Court held the teachers entitled to the benefit of the revised grade whether or not they had been appointed as masters because in the opinion of the High Court the qualifying criterion was the possession of a graduate degree
The judgment of the High Court was affirmed by this Court in Kirpal Singh Bhatia Suprd
The State Government found it difficult having regard to The prevailing burden on its financial resources to extend the benefit of the Circular letter dated July 23 1957 to the much wider section of teachers covered in consequence of the Court s judgement
Accordingly the State Government issued Circular letter No 9979 FR 2143 dated February 19 1979 paragraph 3 of which stated that in order to ensure that these unintended and large financial implications do not continue arising in future the whole matter had been reconsidered by the State Government and as a result the government ordered that henceforth the teachers or the Education Department would not automatically be entitled to placement in the higher scales of pay in terms of paragraph 3 of the Circular letter dated July 23 1957 by the mere circumstance of their improving or acquiring higher qualifications in the course of their service
The rigour of the restriction was relaxed in some measure
Paragraph 3 said further However in order to avoid discrimination between teachers who have already been allowed higher scales of pay on account of having improved their qualifications and those who have not yet been allowed this benefit even though they also possess higher qualifications it is decided that all teachers in the Education Department who have 887 improved their qualifications before the issue of this letter may be allowed the benefit of higher scale of on the basis of their qualifications
 The benefit was not extended to those who were appointed or who had improved their qualifications after the issue of that Circular letter
The teachers continued to agitate for a more generous dispensation
The State Government then issued Circular letter
No 8937 5ED11792659 dated September 20 1979
which declared The implementation of the decision contained in Finance Department Circular letter No 9979 FR 2143 dated February 19 1979 to grant higher pay scales to the teachers on the basis of higher qualifications was kept pending for want of clarification on certain points from the Finance Department which has now become available and is reproduced below 1
The higher scale may be allocated from the date of passing the respective higher examination by the concerned teacher where this has already been done
However actual payment at enhanced rates should commence from 12 279 and the payment of arrears accruing from the date of passing the examination till 1321979 be restricted to the maximum for 38 months
The ben fit of the higher scale may be allowed from the date a particular teacher is appointed on regular basis or the date of passing the higher examination which ever is later but the payment of arrears as a result of grant of such benefit should be restricted to a period of 38 months only as already mentioned above
The teachers placed in the higher scale can only be regularly adjusted when corresponding posts in the higher scale become available in that case such teachers may continue to enjoy the higher scale as a personal measure till they are adjusted against regular posts as and when the same become available
 It was clarified that the contemplated benefit was confined to 888 the categories of teachers mentioned in the Circular letter No 5058 FR II 575600 dated July 23 1957
The appellants claim the benefit of paragraph 2 of the Circular letter dated July 29 1967 and therefore no reliance can be placed by them on the Circular letters dated February 19 1979 and September 20 1979 which relate merely to the scheme embodied in the Circular letter dated July 23 1957
The appellants contend that on the principle of equal pay for equal work affirmed by this Court in Randhir Singh vs Union of India  Ors
they are entitled to the grades mentioned in paragraph 2 of the Circular letter dated July 29 1967
It is urged that like those Masters or Mistresses who have been given that benefit they have acquired Post graduate qualifications and are doing the same kind of work
As has been explained earlier the grades specified in paragraph 2 of the Circular letter dated July 29 1967 are applicable only to those who specifically hold the posts of Lecturer
There are a limited number of such posts and appointment to them is strictly subject to the conditions detailed in paragraph 2 of the Circular letter
In the result the appeals fail and are dismissed but in the circumstances of the case there is no order as to costs
NVK Appeals dismissed


Summary:
The appellants who were employed as Masters and Mistresses in High and Higher Secondary Schools run by the State Government and possessed an MA or MSc
or BT or BEd
degree contended in their writ petitions that they were paid according to the pay scale of Rs 220 500 and claimed that they were entitled to either of the higher grades set forth in paragraph 2 of the State Government Circular Letter dated July 29 1967 viz Rs 300 25 45025 600 for those with 1st and 2nd Division Master s Degree and Rs 250 25 45025 250 for those with 3rd Class Master s Degree
The High Court negatived their contentions and dismissed the writ petition and this was affirmed by the Division Bench in appeal
Dismissing the Appeal to this Court  HELD 1
The grades specified in paragraph 2 of the Circular Letter dated July 29 1967 are applicable only to those who specifically hold the posts of lecturer
There are a limited number of such posts and appointment to them is strictly subject to the conditions detailed in paragraph 2 of the Circular Letter
The contention on behalf of the appellants that on the principle of equal pay for equal work Randhir Singh vs Union of India and Ors  they are entitled to the grades mentioned in para 2 of the Circular Letter dated July 29 1967 has there fore to be negatived
888 D C 2
The appellants claim the benefit of paragraph 2 of the Circular Letter dated July 29 1967 and therefore no reliance can be placed by them on the Circular Letters dated February 19 1979 and September 20 1979 which relate merely o the scheme embodied in the Circular Letter 883 dated July 23 1957
The Circular Letter dated July 29 1967 operates on a very different plane from the Circular Letter dated July 23 1957
888 B 885 E 3
The decision of this Court in State of Punjab vs Kirpal Singh Bhatia  is of no assistance to the appellants
That was a case which was primarily concerned with Circular Letter dated July 23 885 D