it Petition Civil Nos 455 597 635 636 7771986 1518 16861987 77 78 and 395 of 1988
Under Article 32 of the Constitution of India
Govinda Mukhoty and Mrs Rekha Pandey for the Petitioners
Madhusudan Rao Mahabir Singh M Satya Narayan Rao and CVS Rao for the Respondents
The Judgment of the Court was delivered by 415 SINGH J
The petitioners in all these ten writ petitions filed under Article 32 of the Constitution of India have raised grievance of discrimination against the State of Haryana in not following the doctrine of equal work equal pay
The petitioners are working as instructors under the Adult and Non formal Education Scheme under the Education Department of Haryana
The object of the Non formal Education and Adult Education Scheme is to impart literacy functional and awareness to the adult illiterates in age group of 15 35 years and to provide literacy to the children in the age group of 5 15 years who are drop outs from the primary and middle school level or who never joined any regular school
A number of Adult Education Centres have been opened in the State of Haryana which are maintained under the Rural Functional Literacy ProgrammeProject RELP of the Central Government administered by the State of Haryana although expenditure in respect of the project is borne by the Central Government
The petitioners were appointed instructors to impart literacy to adult illiterates at these Centres on different dates
The students who are taught by the petitioners are permitted to appear at the Vth standard primary examinations conducted by the Education Department of the State
On passing the examination the students are issued a certificate of having passed primary examination
On the basis of that certificate students are eligible for admission to 6th class in the regular schools maintained by the State Government
The petitioners were appointed instructors by the District Adult Education officers of each district between 1978 to 1985 on the basis of selection held by a Selection Committee
Initially the petitioners were paid a fixed salary of Rs 150 per month but since April 1983 it has been increased to Rs200 per month
Minimum qualifications for being appointed an instructor is matric many of the instructors are graduates while some of them also hold junior basic training certificates
The petitioners are given a deliberate break of one day after the lapse of every six months and have thus been treated temporary in service notwithstanding the fact that they have been continuously working ever since the date of their appointment
There is another scheme known as Social Education scheme in the State of Haryana for imparting education to illiterates in the villages the scheme is known as State Adult Education Programme also
Under that scheme a number of social education centres have been opened
The teachers employed under that scheme were known as squad teachers who run the centres
In 1981 the head squad teachers and squad teachers were regularised as head teachers and teachers and granted the benefit of pay scale applicable to regular 416 head masters and teachers of primary schools maintained by the State A Government
The petitioners  grievance is that although they are performing the same nature of functions and duties as performed by the squad teachers but they are denied the same scale of pay instead they are being paid a fixed salary of Rs200 per month
The relief claimed by the petitioners in all these petitions is identical in the following terms a Issue a writ in the nature of mandamus or any appropriate writ order or direction that the petitioners continue to be in the service of the respondents from the date of their initial appointment irrespective of their being a deliberate break in their services during the vacation period
b Issue an appropriate writ order or direction to the respondents to put the petitioners on regular pay scales to that of primary school teachers in the Education Department of Haryana plus other consequential benefits from the date of their initial appointment and further direct the respondents to pay the petitioners the difference in arrears of salary accrued to them from the date of their initial appointment
c Issue by appropriate writ order or direction that the Department of Adult Education and Non formal Education is a permanent department of the State and the petitioners are regularised teachers in the Department appointed against sanctioned posts of instructors
There is no dispute that the State of Haryana has framed its own scheme for imparting education to Adult illiterates in the villages this scheme is known as the State Social Education Scheme
Under this scheme the State of Haryana has opened social education centres in various Districts
These centres have been functioning under the Department of Education where teachers known as squad teachers have been imparting literacy functional and awareness among the illiterates
The State of Haryana by its order dated 2011981 regularised the services of the squad teachers working on ad hoc basis with effect from 111980 and sanctioned them pay scale of Rs420 700 the scale applicable to primary school teachers in the State of Haryana
The petitioners claim that the job and functions of the instructors are similar to squad teachers for running the social educa 417 tion centres therefore they are also entitled to the same pay scale as granted to squad teachers
At this stage it is necessary to note that supervisors are appointed to supervise the various centres at which instructors have been working under the Adult Education and Nonformal Education Scheme
A number of supervisors filed a writ petition in this Court under Article 32 of the Constitution claiming same scale of pay as granted to head squad teachers of the Social Education Scheme
Their claim was upheld by this Court in Bhagwan Dass vs State of Haryana 1987 4 SCC 634 and direction was issued sanctioning the same scale of pay to them as has been sanctioned to the head squad teachers of the Social Education Scheme
The petitioners  claim that as the supervisors who supervise their work have been granted pay scale applicable to head squad teachers the petitioners are also entitled to the pay scale applicable to squad teachers of the Social Education Scheme 
The main controversy raised on behalf of the respondents is that the instructors do not perform similar duties as performed by the squad teachers
It was urged that the nature of duties of instructors are quite different than those performed by the squad teachers
The petitioners have stated that the instructors are full time employees they take regular classes of students in the age group of S 15 years for two and a half hours and they further take classes for adult illiterates in the age group of 15 35 years for one and a half hours
This is not disputed
The petitioners further contended that in addition to four hours teaching work they have to motivate the children and the adults to join the centres for getting free education
They are required to submit survey reports to the department every six months giving details as to how many children in the age group of 5 15 years are not going to the schools and how many adult persons are illiterate in their villages
The petitioners further assert that adult education and nonformal education programme which is implemented by the instructors is similar to social education programme
The instructors as well as squad teachers of social education scheme are appointed by the District Adult Education officer and both these class of persons function under the control and supervision of the Joint Director Adult Education under the Directorate of Education of the State of Haryana
The duties of instructors as contained in Chapter II of the Informal Education Instructors Guide published by the Haryana Government Directorate of Education are specified a copy of the same has been annexed to the affidavit of Prem Chand one of the petitioners
The duties of the instructors as prescribed therein are as under 418 DUTIES OF THE INSTRUCTOR A AS ORGANISER OF THE CENTRE 1
To contact the villagers and their children who can be given education at the centre 2
To survey the villages to know who are the children who can be brought to the centre for teaching 3
To tell the villages about the aims and objects of education programme and 4 To form local co ordinating bodies
B AS A TEACHER 1
To complete the syllabus in time and to create interest in the children by his teaching 2
The instructor must be aware of multiple class and group teaching systems 3
He should give examples of village life and to link it with education and 4
To make cultural activities a part of education
C AS ADMISTRATOR OF THE CENTRE 1
To contact such students who are irregular or late comers to the centre and to encourage themtheir parents to send their children regularly to the centre 2
To keep records of the following i personal details of children and their progress charts ii Their timely evaluation iii The details of admission of children from Informal Education Centre 3rd 4th and 5th class to formal school 419 iv Copy of the monthly progress and copies of reports sent to the Supervising and Planning offices and copies of other reports
 The aforesaid publication issued by the Government further states that Haryana is the first State which has integrated the two schemes namely Informal Education Programme and Adult Education Programme
In the counter affidavit of JK Tandon Assistant Director Adult Education it is stated that the instructors who are seeking equality with the squad teachers of Social Education Scheme are quite different
The social education squad teachers are mobile in nature and they move from one village to another after completing their job in a village whereas in the case of instructors they are employed from the same village and are from the nearby villages the squad teachers are full time employees and teaching work is carried out by them for full day
However in his affidavit Shri Tandon could not dispute the duties as mentioned in the Informal Education Instructors Guide extracted above
Another counter affidavit has been filed by Sabira Khosla Deputy Director Adult Education in that affidavit it is stated that the squad teachers are full time employees they work for 6 7 hours and besides working at night during 6 pm to 10 pm they do social work also
Another additional affidavit has been filed on behalf of the respondents by SR Kaushal Assistant Director of School Education
In his affidavit he has stated that social education squad teachers perform various duties under the Social Education Programme which is divided into various divisions as under 1
Education division
Debate and discussion division
Sports division
Cultural activity division
Social service division
It is stated that the squad teachers undertake various functions to supplement the programme under the aforesaid divisions
He has pointed out the difference in the working of the instructors and the squad teachers
The main point of distinction relied upon by him is 420 that the instructors are appointed part time while squad teachers and JBT teachers are in full time employment
Social education squad teachers are transferable while instructors are not transferable
A social squad teacher is required to teach 7 hours daily while an instructor is required to teach for four hours
The social education scheme is permanent and squad teachers are working under a permanent scheme while the instructors are working under a temporary scheme
We have given our anxious consideration to the material placed before us
On a careful analysis of the same we find that the nature of duties and functions performed by instructors are similar to those performed by squad teachers
The functions and duties of both classes of persons are primarily directed to advance the cause of education to bring social awareness among the people in the rural areas and to create interest in various social economic and educational activities
Bringing adults to centre for educating them is a difficult task and to impart education to drop outs children is not an easy job
One of the main duties of the instructors is to motivate the adults and drop out children to participate in the activities and to motivate them for taking education
The instructors teach four hours a day and thereafter they have to do survey work and motivation work in addition to that the instructors are required to carry out additional duties which are assigned to them by the Department
This is evident from the circular letter dated 431987 issued by the Joint Director Adult Education Annexure B to the affidavit of Rajinder Singh petitioner
The letter was circulated to all the instructors of adult and informal education it reads as under Dear To bring adults in centres is a very difficult task
This is possible only when our centres are attractive and adults feel happy to come to the centres and forget all their worries after coming to the Centre
Instructors should behave with the adults in such a way that they think him their friend and guide
The adults should be told that by hearing reading the writing they can know about the Government Scheme made for their benefit and progress
Every Instructor is supposed to know about all such schemes so that they can guide their students
The Adults should get the guidance from the instructors as to how they can get loans from various banks and cooperative Societies
In the com 421 ing year we must equip the instructors with training so that they can fulfil the responsibility given to them
In a meeting held at Karnal you were told about the facilities being given to widows and old persons
You have to properly propagate the same
I will be very grateful to you for circulating this letter to all the instructors and supervisors
Office Dist
Adult Education officer Karnal
Page No A d 43480 659 Karnal dated 1331981
One copy of the letter to be circulated to all instructors and supervisors of Adult and Informal Education for necessary action
Dist Adult Education officer Karnal 1321987
 The aforesaid duties which are required to be performed by the instructors are in addition to their four hour teaching duty
Further the instructors are required to organise sports like kho kho kabadi and athletics and to participate in the local functions and to motivate affluent villagers to give donations for the adult education scheme
This is evident from a circular letter issued by the District Adult Education officer Ambala on 12111986 Annexure to the affidavit of Rajender Singh
Having regard to these facts and circumstances we are of the view that there is no difference in the nature of duties of the instructors and squad teachers and both of them carry out similar work under the same employer
The doctrine of equal work equal pay would apply on the premise of similar work but it does not mean that there should be complete identity in all respects
If the two class of persons do same work under the same employer with similar responsibility
under similar working conditions the doctrine of equal work equal pay  would apply and it would not be open to the State to discriminate one class with the other in paying salary
The State is under a Constitutional obligation to ensure that equal pay is paid for equal work
The respondents  contention that the adult education scheme is temporary as the posts are sanctioned on year to year basis and as such the instructors are not entitled to claim equality with the squad teachers as the scheme under which they work of a permanent nature is misconceived
This contention was rejected by this Court in the case 422 of Bhagwan Dass supra while considering the case of supervisors
A There is no doubt that instructors and squad teachers are employees of the same employer doing work of similar nature in the same department therefore the appointment on a temporary basis or on regular basis does not affect the doctrine of equal pay for equal work
Article 39d contained in Part IV of the Constitution ordains the State to direct its policy towards securing equal pay for equal work for both men and women
Though Article 39 is included in the Chapter of Directive Principles of State Policy but it is fundamental in nature
The purpose of the Article is to fix certain social and economic goals for avoiding any discrimination amongst the people doing similar work in matters relating to pay
The doctrine of equal pay for equal work has been implemented by this Court in Ranjit Singh vs Union of India  Ors   Dhiren Chamoli and ors
vs State of UP and Surinder Singh  Anr
vs Engineer in Chief CPWD  Ors
 In view of these authorities it is too late in the day to disregard the doctrine of equal pay for equal work on the ground of the employment being temporary and the other being permanent in nature
A temporary or casual employee performing the same duties and functions is entitled to the same pay as paid to a permanent employee
The respondents  contention that the mode of recruitment of petitioners is different from the mode of recruitment of squad teachers inasmuch as the petitioners are appointed locally while squad teachers were selected by the subordinate Service Selection Board after competing with candidates from any part of the country
Emphasis was laid during argument that if a regular selection was held many of the petitioners may not have been appointed they got the employment because outsiders did not compete
In our opinion this submission has no merit
Admittedly the petitioners were appointed on the recommendation of a Selection Committee appointed by the Adult Education Department
It is true that the petitioners belong to the locality where they have been posted but they were appointed only after selection true that they have not been appointed after selection made by the Subordinate Service Selection Board but that is hardly relevant for the purposes of application of doctrine of equal pay for equal work
The difference in mode of selection will not affect the application of the doctrine of equal pay for equal work if both the class of persons perform similar functions and duties under the same employer
Similar plea raised by the State of Haryana in opposing the case of supervisors in the case of Bhagwan Dass supra was rejected where it was observed that if the State deliberately chose 423 to limit the selection of candidates from a cluster of a few villages it will not absolve the State for treating such candidates in a discriminatory manner to the disadvantage of the selectees once they are appointed provided the work done by the candidates so selected is similar in nature
The recruitment was confined to the locality as it was considered advantageous to make recruitment from the cluster of villages for the purposes of implementing the Adult Education Scheme because the instructors appointed from that area would know the people of that area more intimately and would be in a better position to persuade them to take advantage of the Adult Education Scheme in order to make it a success
The respondents  plea that instructors are not transferable does not affect the doctrine of equal pay for equal work
The instructors are appointed locally to implement the Adult and Non formal Education Scheme because they are in a better position to motivate the adults and drop outs children for participating in the scheme
An outsider may be handicapped in motivating the local residents for participating in the scheme
As regards the difference in qualification is concerned it is true that the squad teachers possess JBT certificates and many of them are graduates but minimum qualification for squad teachers is also matric
Similarly minimum qualification for instructors is matric but many of the petitioners are graduates and some of them are trained teachers possessing JBT certificates
Great emphasis was laid on behalf of the respondent State that instructors are part time employees while squad teachers are full time employees
Similar arguments were raised on behalf of the State in the case of Bhagwan Dass supra in resisting the claim of supervisor but the submission was rejected by this Court on the ground that having regard to the duties and functions which the supervisors are required to perform it was difficult to uphold the plea that he was a part time employee
In the instant cases also we have already noticed the details of the duties and functions assigned to an instructor which normally say that the petitioners are required to teach at the centre for four hours and in addition to that they are required to motivate adults and drop outs children of the locality and to prepare survey reports in addition to that they are further required to implement various schemes initiated by the Government they are further required to organise sports athletics programme and to persuade local affluent people for making donations
They are required to educate the local residents with regard to the various welfare schemes initiated by the Government for the welfare of the residents of the rural areas
Having regard to their duties and functions it is difficult to uphold the respondent s plea that the instructors are 424 part time employees as they work only for four hours
In view of the above discussion we hold that the instructors are entitled to the same pay scale as sanctioned to squad teachers
We accordingly direct that the petitioners  salary shall be fixed in the same pay scale as that of squad teachers
The pay of each of the petitioners shall be fixed having regard to the length of service with effect from the date of his initial appointment by ignoring the break in service on account of six months fresh appointments
The petitioners will be entitled to increments in the pay scale in accordance with law notwithstanding the break in service that might have taken place
We further direct that these directions shall be implemented with effect from September 1 1985 as directed by this Court in the case of Bhagwan Das supra
The petitioners  claim for regularising their services In the department cannot be accepted as admittedlly the project of Adult and Non formal Education is temporary which is likely to last till 1990
We accordingly allow the writ petitions partly with costs which we quantify at Rs5000
RSS Petitions allowed


Summary:
The respondent plaintiff filed a suit in the High Court against the appellants inter alia for dissolution of partnership and for accounts
The plaintiff valued the suit for the purpose of jurisdiction at Rs25 lakhs and for the purpose of court fee at Rs500
The appellants raised a preliminary objection as to the valuation of the suit contending that the relief sought for in the suit had been grossly undervalued and the Court should reject the plaint under order VII Rule 11b Civil Procedure Code
The learned Single Judge overruled the preliminary objection and held that the suit was not undervalued
The Division Bench in dismissing the appeal followed a Full Bench decision of the same High Court wherein it was observed that paragraph iv of section 7 of the Court Fees Act gave the right to the plaintiff in any of the suits mentioned in the clauses of that paragraph to place any value that he liked on the relief he sought subject however to any rule made under section 9 of the Suits Valuation Act and the Court had no power to interfere with the plaintiff s valuation
Before this Court the appellant contended 1 that in a suit for accounts the plaintiff could not value the suit most arbitrarily according to her whims and 2 that an objective standard or positive material 432 appeared on the face of the plaint and the valuation of the relief ignoring such objective standard was demonstratively arbitrary
Dismissing the appeal it was  HELD 1 The suits which are mentioned under section 7iv are of such nature that it is difficult to lay down any standard of valuation
Indeed the Legislature has not laid down any standard of valuation in the Court Fees Act
435B C 2 It is apparent from Rule 4i of the Rules framed by the Punjab High Court under section 9 of the Suits Valuation Act which are applicable to the Union Territory of Delhi that valuation for the purposes of Court Fee and jurisdiction is not the same
Under these Rules the value of suit for accounts for purposes of court fee will have to be determined by the plaintiff
434G H 3 It is manifestly clear from the provision of order VII Rule 11 b that a Court has to come to a finding that the relief claimed has been undervalued which necessarily means that the Court is able to decide and specify proper and correct valuation of the relief
But ordinarily it is not possible for the Court at a preliminary stage to determine the value of the relief in a suit for accounts simpliciter and the Court has no other alternative than to accept plaintiffs valuation tentatively
435G H 436B C 4 Where there are objective standard of valuation or in other words the plaintiff or the Court can reasonably value the relief correctly on certain definite and positive materials the plaintiff will not be permitted to put an arbitrary valuation dehors such objective standards or materials
439C D 5 The plaintiff cannot whimsically choose a ridiculous figure for filling the suit where there are positive materials andor objective standards of valuation of the relief appearing on the face of the plaint
These materials or objective standards will also enable the Court to determine the valuation for the purpose of Order VlI Rule 11b of the Code of Civil Procedure441C D 6 The valuation of the relief in the instant case for the rendition of accounts under Section 7ivf of the Court Fees Act
is neither unreasonable nor it is demonstratively arbitrary442E 433 Smt
Sheila Devi  Ors
vs Shri Kishan Lal Kalra  Ors ILR 1974 Delhi 491 section Rm
Sathappa Chettiar vs section Rm
Ramanathan Chettiar 119581 SCR 1024 Urmilabala Biswas vs Binapani Biswas AIR 1938 Cal 161 Kishori Lal Marwari vs Kumar Chandra Narain Deo AIR 1939 Patna 572 Nalini Nath Mallik Thakur vs Radhashyam Marwari AIR 1940 Cal 482 Meenakshisundaram Chettiar vs Venkatachalam Chettiar   Tara Devi vs Sri Thakur Radha Krishna Maharaj 1987 4 SCC Abdul Hamid Shamsi vs Abdul Majid JT and Atma Ram Charan Das vs Bisheshar Nath Dina Nath AIR 1935 Lah 689 referred to