Holding

Classification of teachers based on differing educational qualifications and duties is permissible, so the higher pay scale is not mandatory and the High Court's judgment is set aside.

Summary

The respondent, a sewing teacher appointed in 1981, claimed that she should receive the same revised pay scale as Classical and Vernacular teachers. Her representation was rejected, and the Punjab and Haryana High Court allowed her writ petition, granting the higher scale. The State appealed, arguing that the Punjab State Education Class‑III (School Cadre) Service Rules, 1978 and the Government of Punjab's notification of 17‑Feb‑1989 classified sewing teachers separately, with different educational qualifications and duties, justifying a lower pay scale. The Supreme Court held that such classification based on qualifications and functions is permissible, the doctrine of equal pay for equal work does not apply, and the High Court’s judgment cannot be sustained as the notification was not challenged. The Court also noted that the respondent had already been granted the higher scale and, being a handicapped teacher, the case was not suitable for jurisdiction under Article 136. Consequently, the appeals were dismissed.

Issues considered

Whether the classification of sewing teachers and Classical/Vernacular teachers into different pay scales under the Punjab State Education Service Rules, 1978 is constitutionally valid.
Whether the doctrine of equal pay for equal work applies to the two categories of teachers.
Whether the High Court erred in granting relief without considering the 1989 notification revising pay scales.
Whether the Supreme Court can entertain the petition under Article 136 of the Constitution.

Legislation cited

Constitution of Indias. Article 136, s. Article 142, s. Article 226, s. Article 309, s. Article 32

Subjects

Service lawPay scale revisionEqual pay for equal workClassification of employeesArticle 136Article 309Punjab State Education Service RulesHandicapped employeeJudicial reviewWrit of certiorari

Judgment

STATE OF PUNJAB AND ORS. A
v.
SAVINDERJIT KAUR

MARCH 18, ·2004

[V.N. KHARE, CJ., S.B. SINHA AND S.H. KAPADIA, JJ.] B

Service Law:

Punjab State Education Class-III (School Cadre) Service Rules, 19781
Notification dated 17.2.1989 issued by the Government of Punjab: C
Revision in the pay scale of teachers-Sewing Teacher claiming higher
scale of pay at par with Music/Vernacular teachers-Representation rejected
by the authority concerned-Challenge to-Allowed by High Court-On appeal,
Held: Such classification in the scale ofpay permissible-Requisite educational D
qualifications are different for the two categories of teachers-Since it has not
been established that duties and functions of different categories of teachers
are at par, doctrine of equal pay for equal work not applicable-The State
Government granted different scale ofpay in terms ofNotification-Notification
has not been challenged-Hence, judgment of High Court could not be
sustained and set aside. E
Constitution of India, 1950-Exercise ofjurisdiction under Article 136-
Held: Higher scale of pay has already been granted to Respondent, a
handicapped teacher-Not a fit case in which Supreme Court could exercise
jurisdiction under Article 136.
F
Respondent, Sewing Teacher, submitted a representation claiming
higher scale of pay as applicable to Music/Vernacular Teachers. Her
representation was rejected by the authority concerned. Aggrieved by the
order of the authority, a writ petition was field by her before the High
Court, which was allowed. Hence the present appeal and the connected G
appeal.

It was contended by the appellants that the High Court failed to take
into consideration that the State Government has classified Sewing
Teachers and other teachers in different categories in terms of the Punjab
243 H
\
f

244 SUPREME COURT REPORTS [2004] 3 S.C.R.

A State Education Class-Ill (School Cadre) ServiCe Rules framed as per
provisions under Article 309 of the Constitution of India; that the requisite
educational qualifications and method of recruitment are different for
different categories of teachers; and that on revision in the scale of pay
of the teaching staff, different scales of pay had been granted to·different
B categories of teachers.

Respondent submitted that she was a handicapped person; and that
various other similarly situated teachers/Sewing Teachers have been
getting the scale of pay as applicable to MusicNernacular Teachers.

Dismissing the appeals, the Court
c
HELD: l.1. The High Court proceeded on a wrong prrmise in
passing the impugned judgment. In a case of this nature, even the doctrine
of equal pay for equal work would not apply since it has not been
established that duties and functions of two categories of the employees/
D teachers are at par. Furthermore, a classification based on different
educational qualifications is permissible. 1246-C-GI

Amarjit Kaur v. State of Punjab, (1988) 4 SLR 199 and Prabjot Kaur
v. State of Punjab, (1964) 3 SCT 262, distinguished.

E 1.3. High Court while passing the impugned judgment did not
address itself as regard to applicability of the 1978 Rules as also the scales
of pay granted to different categories of teachers by the Government of
Punjab in terms of its Notification dated 17.2.1989. Since the validity of
the Notification has not been questioned, the impugned judgment of the
High Court cannot be sustained. However, having regard to the fact that
F the respondent had been granted the same scale of pay and keeping in
view of the fact that she is a handicapped teacher, it is not a fit case where
this Court should exercise its jurisdiction under Article 136 of the
Constitution of India. 1247-A; 248-B, Cl

Chandra Singh and Ors. v. State of Rajasthan and Anr., (20031 6 SCC
G 545, relied on.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1382 of
1999.

From the Judgment and Order dated 18.12.97 of the Punjab and Haryana
H High Court in C.W.P. No. 11309 of 1997.
STATE v. S. KAUR [SINHA, J.] 245
WITH A
C.A. No. 3693 of 2000.

Ranbir Yadav and_ R.S. Suri for the Appellants.

Ms. Nanita Sharma for the Respondent. B
Ms. Jaspreet Gogia (NP) for the Respondent in C.A. No. 3693/2000.

The Judgment of the Court was delivered by

S.B, SINHA, J. These two appeals involving identical question of law C
and fact were taken up for hearing together and are being disposed of by this
common judgment.

The factual matrix is, however, being noticed from Civil Appeal No.1382
of 1999.

On or about 6.8.1981, the respondent was appointed as Sewing Teacher
D
on regular basis in the pay scale of Rs. 480-880 by the District Education
Officer, Ferozepur. She claimed same scale of pay payable to Classical and
Vernacular Teachers. The said representation of the respondent was, however,
rejected.
E
Aggrieved by and dissatisfied with the said order, a writ petition was
filed by her before the Punjab and Haryana High Court which by reason of
the impugned judgment was allowed relying on or on the basis of the earlier
decisions of the said court in Amwjit Kaur v. State of Punjab, (1988) 4 SLR
199 and Prabjol Kaur v. State of Punjab, (1994) 3 SCT 262.
F
The learned counsel appearing on behalf of the appellants would submit
that the High Court committed a manifest error in passing the impugned
judgment insofar it failed to take into consideration that the Education
Department of the Government of Punjab had made rules in terms of the
proviso appended to Article 309 of the Constitution of India known as 'Punjab
State Education Class-III (School Cadre) Service Rules, 1978, in terms whereof G
the Sewing Teachers and Master(s) or Mistress(es) were placed in different
categories. In terms of the said rules, the learned counsel would urge, whereas
• ;i a master or mistress must possess a degree of a recognised university with
B.Ed.; the requisite educational qualification of a Tailoring Mistress is only
matric or middle or equivalent with three years' Teachers' Training Diploma H
•
246 SUPREME COURT REPORTS [2004] 3 S.C.R.

A from the Industries Department of State or Industrial Training.
It was urged that the method of recruitment in the category of Master
or Mistress and Tailoring Mistress is also different. It was pointed out that
on or about 17.2.1989 the scales of pay of the teaching staff of the Education
Department had been revised; in terms whereof different scales of pay had
B been granted to different categories of teachers and in that view of the matter,
the impugned judgment cannot be sustained.

The learned counsel appearing on behalf of the respondents, on the
other hand, would contend that various other similarly situated teachers had
C been granted scales of pay applicable to Classical and Vernacular Teachers.
It was further pointed out that the respondent is a handicapped person.

Having considered the rival submissions, we are of the opinion that
although the High Court proceeded on a wrong premise in passing the
impugned judgment.
D In Amarjit Kaur (supra), the writ petitioner therein had been granted a
revised scale of pay and the same was wrongly withdrawn on the ground that
she was confirmed with effect from 22.5.1974 by mistake. The High Court
rejected the said contention of the respondent but proceeded further to hold
that the Education Department had classified and recognized the Tailoring
E Mistress and Classical and Vernacular Teachers in the same category and,
thus, when the scale of pay of the Classical and Vernacular Teachers had
been revised, there was no reason as to why the pay scale of the Tailoring
Mistress should not be accordingly revised.

In Prabjot Kaur (supra), the High Court followed Amarjit Kaur (supra)
F although the fact of the matter was quite different.
...
The High Court, in the above referred decisions, had no occasion to
consider the effect of the statutory rules or the notification revising scales of
pay of different categories of the teachers.

G In a case of this nature, even the doctrine of equal pay for equal work
would not apply when it has not been established that duties and functions
of two categories of employees are at par. Furthermore, a classification based
on different educational qualifications is permissible. Yet again it may not
matter as to whether the judgment of the Punjab and Haryana High Court in
H Amarjit Kaur (supra) and Prabjot Kaur (supra) had been appealed against or

/
~
I

STATE v. S. KAUR [SINHA . .I.] 247
not. See Government of West Bengal v. Tarun K. Roy ·and Ors., (2003) 9 A
SCALE 671.

The High Court while passing the impugned judgment did not address
itself as regard applicability of the 1978 Rules as also the scales of. pay
granted to different categories of teachers by the Government of Punjab in
terms of its notification dated 17.2.1989. By reason of the s>.id notification, B
the Government of Punjab adopted the notification issued by the President of
India in relation to the revised scales of pay to the teaching staff of the
Education Department, the relevant portion whereof is to the following effect:

Sr. Category Present Scale Revised Scale Remarks C
No.

5. C & V Teacher i.e. Pbi/ 570-1080 (with 1640-2925
Hindi/Urdu/ Sanskrit 3 Adv.) incre- Sr. Scale after 8
Teachers ments Fi/Urdu yrs service
Trs. & 5 1800-3200 SI D
increments to Scale after 18
Sanskrit Teacher years service
2000-3500
7. Domestic Sc. Trs. Music 480-800 1200-2100
Trs. Tabla Players, Sr. Scale after 8 E
Tailoring Mist. yrs. service
1410-2640, SI
Scale after 18
yrs service
1640-2925
F
14. Work Experience 480-880 1800-2100 Sr.
Teacher, Vocation Tr. scale after 8 y1·s.
Sewing Teacher Service 1410-
2460 Sr. scale
after 18 years G
Service 1640-
2925.

From a perusal of the said notification dated 17.2.1989, it is evident
I that the Classical and Vernacular Teacher had been placed on a higher scale
of pay, namely, Rs. 570-1080; whereas the Tailoring Mistress had been placed H
248 SUPREME COURT REPORTS [2004 J 3 S.C.R.

A in the scale of"pay of Rs. 480-800. Similar scale of pay had been granted
to the Trained Sewing Teachers. However, different scales. of pay in the
categories of Tailoring Mistress and Sewing Teacher had been made in senior
scale after eight years and 18 years of service respectively.

The validity of Notification dated 17 .2.1989 has not been questioned.
B In that view of the matter, the impugned judgment of the High Court cannot
be sustained.

However, having regard to the fact that the respondents herein had
been granted the same scale of pay and keeping in view of the fact that she
is a handicapped teacher, we are of the opinion that it is not a fit case where
C this Court should exercise its jurisdiction under Article 136 of the Constitution
of India.

Jh Chandra Singh and Ors. v. State JJf Rajasthan and Anr., (2003] 6
SCC 545, this Court held:
D "In any event, even assuming that there-is some force in the contention
of tJ1e appellants, this Court will be justified in fo1lowing
Taherakhatoon:v._Salambin Mohammad, (1999] 2 SCC 635 wherein
this Court declared that even if the appellants' contention is right in
law having regard to the overall circumstances of the case, this Court
E would be justified in declining to grant relief under Article 136 while
declaring the law in favour of the appellants.

Issuance· of a writ of certiorari is a discretionary remedy. See
Champa/a/ Binani v. CIT, (1971] 3 SCC 20 - AIR (1970) SC 645.
The High Court and consequently this Court while exercising their
F extraordinary jurisdiction under Article 226 or 32 of the Constitution
of India may not strike down an illegal order although it would be ....
lawful to do so. In a given case, the High Court or this Court may
refuse ro extend the benefit of a discretionary relief to the applicant.
Furthermore, this Court exercised its discretionary jurisdiction under
Article 136 of the Constitution of India which need not be exercised
G in a case where the impugned judgment is found to be erroneous if
by reason thereof substantial justice is being done. See S. D.S. Shipping
(P) ltd. v. .Jay Container Services Co. (P) ltd., (2003) 4 Supreme 44.
Such a relief can be denied, inter alia, when it would be opposed to
public policy or in a case where quashing of an illegal order would
H revive another illegal one. This Court also in exercise of its jurisdiction
STATE v. S. KAUR [SINHA, .I.] 249
under Article 142 of the Constifution of India is entitled to pass such A
order which will be complete justice to the parties."

These appeals are dismissed with the aforementioned observations; but
in the facts and circumstances of the case, there shall b~ no order as to costs.

S.K.S . Appeals dismissed. B

...