IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 2857 of 2008. Decided on: 10.3.2009. __________________________________________________ Shri Mela Ram … Petitioner. Versus The State of H.P. & another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. R.Bharti, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy.A.G. ___________________________________________________________ Rajiv Sharma, Judge (Oral). The State Government vide notifications dated 27.8.1977, 27.9.1979 and 12.5.1987 had taken decisions to grant higher pay scale to those JBT Teachers who acquired additional educational qualification. The case of the petitioner is that he is also entitled to the higher pay scale as paid to the JBT Teachers who have acquired higher educational qualification on the principle of “equal pay for equal work”. There is fallacy in the case set up by the petitioner. The JBT Teachers who have acquired higher educational qualification form separate and distinct class. The decision has been taken by the State Government to encourage the teachers to acquire higher 1 Whether reporters of the local papers may be allowed to see the judgment?No. 2 educational qualification. The teachers with higher educational qualification are better equipped to teach the students. The JBT Teachers who are not in possession of the higher educational qualification cannot claim the higher pay scale paid to the JBT Teachers who have acquired higher/additional educational qualification. There is rationality in the decision taken by the State Government. The petitioner has failed to bring his case within the parameters of Articles 14 and 16 of the Constitution of India. The unequals cannot be treated equally. Accordingly, there is no merit in this writ petition and the same is dismissed. No costs. (Rajiv Sharma), J. March 10, 2009. (cr)