HARYANA STATE ADHYAPAK SANGH AND ORS. ETC.versusSTATE OF HARYANA & ORS.

                                                                                 )




      HARYANA STATE ADHYAPAK SANGH AND ORS. ETC.
A
                          v.
               STATE OF HARYANA & ORS.

                                 JULY 28, 1988

B                [R.S. PATHAK, CJ AND G.L. OZA, J.]

         Teachers employed in recognised, aided private schools must be              1
    given same Scales of Pay and. Dearness Allowance as teachers in
    Government Schools.

C         The Kothari Commissk>n appointed by the Government or India
    to examine .the conditi(/ns or service or teachers with the object or
    improving the standards or education in the country recommended inter
    alia that the scales or pay or school teachers belonging to the same
    category bnt working nnder different managements such as Govern·
    ment, local bodies or private organisations should be the same, and,
.D falling in line with other States, the State of Haryana decided to imple-
    ment the same with effect from I December, 1967. As the deficit bet-
    ween the original grades and the revised grades was found too burden-
    some for the managements of the aided schools to bear, the State
    decided to meeflhe increased expenditure entirely in regard to Pay and
    Dearness Allowance. The State Government followed the principle or
 E parity between the teachers working in aided schools and Government
    schools until 1979. In 1979, the pay scale of teachers in Government
    schools was revised by theState aner the report of the Pay Commission,
    but in the case of the teachers of aided schools the revision was effected
    two years later. The appellants and the writ petitioners, who were
  · teachers employed in various recognised aided private Schools, alleged
 F that the salary and other emoluments such as Dearness Allowance,
    House Rent Allowance, City Compensatory Allowance, Medical
    Reimbursement, Gratuity, etc., paid to them had fallen far behind the
    emoluments paid to the teachers in Government schools and this Court
    should interfere in order. to remove such discrimination since the
    constitutional responsibility of providing education in schools devolved
 G on the Government and it exercised deep and pervasive control over the
    running of aided sch.ools •.

           Disposing of the appeal and petitions,

             HELD: There is general agree~ent between the parties that there
H    is_ no re..Son for discrimination between the teachers employed in aided
                                        682
            HARYANA STATE ADHYAPAK SANGH v. STATE leATHAK, CJ.)                  683

            schools and those employed in Government schooh $0 far as the salaries      A
            and Additional Dearness Allowances are concerned. T·he State Govern-
            ment has expressed its readiness to reimburse the payment of ten insta.1-
            ments of the Additional Dearness Allowance, but not the tweety live
            Additional Dearness Allowance instalments released after 1 April,
            1981. In our opinion, ttie teachers of aided schools must be paid the
            same pay scale and Deanttss Allowance as teachers in Government             B
..• I
        •   schools for the entire period claimed by the petitioners, and that the
            expenditure on that account should be apportioned between the State
            and the Management in the same proportion in which they share the
J           burden of the existing emoluments of the teachers. [685B-C, E-G]

                   The State Government will also take up with the management,s of
            the aided schools the question of bringing about parity between ,the        c
            teachers of aided schools and the teachers of Government schools so
            th;tt a scheme for payment may be evolved after having regard to the
            different allowances claimed by the petitioners. [686C)
                   '~ ·.


                  CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.                       D
            2366-67 of 1988 etc.

                 From the Judgment and Order dated 21.2.1985 of the Punjab
            and HaryanaHigb Court in C.W.P. No. 5353 of 1984.

                Pankaj Katra, B.S. Gupta, P.C. Kapur and S. Mitter for the              E
            Appellants.

                 Rajinder Sachar, D:K. Garg, Mahabir Singh and A.K. Goel for
            the Respondents.

                 The Judgment of the Court was delivered by                             F

                  PATHAK, CJ. Special leave to appeal is granted in both the
            special leave petitions·.

                  The petitioners are teachers employed in various recognised
            aided private schools in the State of Haryana. The schools are              G
            maintained under private management. They receive financial aid
            from the State Government. The petitioners have come to Court alleg-
            ing that teachers employed in Government aided private schools are
    ~ ·     entitled to parity with the teachers employed in Government schools
            in the matter of pay scales and other emoluments such as Dearness
            Allowance, House Rent Allowance; City Compensatory Allowance,               H
    684         SUPREME COURT REPORTS                [1988) Supp. 1 S.C.R.

   Medical Reimbursement and Gratuity, etc. It appears that prior to
A
   1967 there was considerable disparity in the emoluments of teachers
   employed in the same State, and the Government of India appointed
   the Kothari Commission to examine the conditions of service of
  ·teachers with the object of improving the standards of education in llie
   country. Among other things, the Kothari Commission recommended
H that the scales of pay of school teachers belonging to the same category
   but working under different managements such as Government, local
   bodies or private organisations should be the same. Almost all the
   States, including the State of Haryana, decided to implement the
   recommendations of the Kothari Commission. The State of Haryana
   declared in January, 1968 that the revised rates. suggested 'by the
   Kothari Commission would be made effective from 1 December, 1967,
c and    that the grades of teachers of privately managed schools would be
   revised on the pattern of the grades of teachers working in Govern-
   ment schools. As the deficit between the original grades and the
    revised grades was found too burden some for the managements of the
    aided schools to bear, the State decided to meet the increased expendi-
D ture entirely in regard to Pay and Dearness Allowance. The State
    Government followed the principle of parity between the teachers
   working in aided schools and Government schools until 1979. In 1979,
    the pay scale of teachers in Government schools was revised by the
    State after the report of the Pay Commission, but in the case of the
    teachers of aided schools the revision was effected two years later. The
E petitioners allege that the salary and other emoluments paid to the
    teachers of aided schools have fallen far behind the emoluments paid
    to the teachers in Government schools and this Court should interfere
    in order to remove such discrimination. We are told that· there are
  · about sixty thousand teachers in Government schools while a mere
    four thousand teachers are employed in aided schools. According to
F the petitioners, to provide education in schools is the constitutional
    responsibility of the Government, and this is reflected in the deep and
    pervasive control exercised by the Government over the running of
    aided schools. It is pointed out that the control is exercised over almost
    all areas of management. The Committee of management has to be                   )··
    approved by the State Government, so have the strength of the teach-
G ing and the other staff as well as the qualifications and other conditions
    of eligibility for appointment to·the staff. The mode of selection and
    the determination of seniority are subject to the directions of the State
     Government and teachers cannot be dismissed, removed or reduced in
     rank without the prior approval of the State authorities. The tuition       ~
     fee, as well as free-ships, concession and scholarships are fixed by the
H State Government, which is also empowered to give instructions in
                                                                                     1'
HARYANA STATE ADHYAPAK SANGH v. STATE [PATHAK, CJ.]                 685

regard to the time table, working hours, pupil ratio, attendance and
                                                                           A
workload. The financial resources and the heads of income and ex-
penditure are indicated by the State Government.

       We have heard learned counsel for the parties at considerable
length, and we find general agreement between the parties that thei;e
is no reason for discrimination between the teachers employed in           B
aided schools and those employed in Government schools so far as the
salaries and Additional Dearness Allowances are concerned. The State
Government does not accept the claim to parity in respect of other
heads of allowance put forward by the petitioners. We were at one
time disposed to ruling on the qnestion whether the responsibility for
providing education in schools belongs to the State Government, and
therefore whether there is a corresponding responsibility on the State
                                                                           c
Government to ensure that in aided schools the teachers are entitled to
the same emoluments as are provided for teachers in Government
schools. We do not, however, propose to enter upon this question in
these cases as we are satisfied from the developments which have
followed after the hearing on the merits that it would be more             D
appropriate to dispose of these cases by a short order. The State Gov-
ernment has expressed its readiness to reimburse the payment of ten
instalments of the Additional Dearness Allowance, but not the twenty
five Additional Dearness Allowance instalments released after 1
April, 1981. It appears that the grant-in-aid given by the State Govern-
ment to these aided schools covers the deficit to the extent of seventy    E
five per cent of the approved expenditure. The approved expenditure
extends to the salaries paid to the teaching and non-teaching staff,
which includes the Pay and Dearness Allowance and Interim Relief
before 1 April, 1981 and the Pay and Additional Dearness Allowance
beyond 1 April, 1981, the deficit expenditure minus income and cer-
tain other items, but does not include House Rent Allowance, Medical       F
Allowance, City Compensatory Allowance and the other heads
claimed by the petitioners. In our opinion, the teachers of aided
schools must be paid the same pay scale and Dearness Allowance as
teachers iri Govefl)ment schools for the. entire period claimed by the
petitioners, and that the expenditure on that account should be
apportioned between the State and the Management in the same pro-          G
portion in which they share the burden of the exisfing emoluments of
the teachers. The State Government meets the Dearness Allowance
liability to the extent of seventy five per cent of the amount. Ten
instalments representing the State Government's liability shall be paid
by the State Government in two equal parts, the first part being pay-
able within three m.onths from today and the remaining part being pay-     H
                                                     I1988] Supp. I S.C.R.      J
    686         SUPREME COURT REPORTS

A   able by 31 March, 1989. The State Government shall also pay the
    remaining twenty five instalments, the entire amount being payable in
    five equal parts, each part being paid every six months, the first such
    part being payable by 30 September, 1989. The State Government
    shall not be liable to pay for the period covered by these 35 instalments
    any amount on account of House Rent Allowance, City Compensatory
B
    Allowance and the other allowances claimed by the petitioners.

          The State Government will also take up with the managements
    of the aided schools the question of bringing about parity between the
    teachers of aided schools and the teachers of Government schools for
    the period following that to which the aforesaid thirty five instalments
C   relate, so that a scheme for payment may be evolved after having
    regard to the different allowances claitned by the petitioners.

          In the case of teachers who have retired or who have died in
    service during the pendency of these cases, payment of the first ten
    instalments shall be made to the retired teachers and to the legal
0
    representatives of the deceased teachers within three months from
    today.

          The appeals and the writ petitions are disposed of accordingly.

    H.L.C.                                 Appeals & Petitions disposed of.