V. GANGARAMversusTHE REGIONAL JOINT DIRECTOR AND ORS.

                             V. GANGARAM                                          A
                                      v.
            THE REGIONAL JOINT DIRECTOR AND ORS.

                              APRIL 25, 1997

              [K. RAMASWAMY AND D.P. WADHWA, JJ.)                                 B

        Service law :

        Advance increments for acquiring higher qualifications-Grant of 4
increment~Subsequent proceedings to recover an-ears beyond two additional
increment~Tribunal refusing to inteifere-On appeal held, he is entitled to C
only two increments, and not four on the basis of his additional qualifications
over and above the minimum required qualification for the post-However
excess arrears paid prior to 1985 not to be recoveretl--Excess amount from
1985 could be recovered from pension, in instalments.
                                                                                  D
        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3297 of
1997.

    From the Judgment and Order dated 19.8.96 of the Andhra Pradesh
Administrative Tribunal, Hyderabad in O.A. No. 2944 of 1993.
                                                                                  E
        D. Prakash Reddy and Mrs. D.B. Reddy for the Appellant.

        T. Anil Kumar for the Respondents.

        The following Order of the Court was delivered :
                                                                                  F
        Leave granted. -

        We have heard learned counsel on both sides.

     This appeal by special leave arises from the order of the Andhra
Pradesh Administrative Tribunal at Hyderabad, made on August 19, 1996             G
in OA No. 2944/93.

      The appellant was originally appointed as a Teacher/Head Master in
a Private aided School on November 9, 1959 in the scale of Rs. 45- 120.
After his passing Secondary Grade Degree Training Examination in the
year 1967, he was granted on December 1, 1967 SGBT scale of Rs. 80-150            H
                                   1043
    1044                   SUPREME COURT REPORTS                        [1997] 3 S.C.R.

A w.e.f. the aforesaid date. In view of the fact that the appellant went on
  improving his qualifications for B.A., M.A., B.Ed. and M.Ed, the
  authorities \\'.ent on giving revision of the pay scale granting advance
  increments as and when he acquired the qualification on the pay-scale
  applicable at the relevant time. Impugned proceedings were issued to
B recover the said amount paid to him on the premise that he was not entitled
  to the advance increments more than two. The Tribunal has dismissed the
  petition. Thus, this appeal by special leave.

        The Government in G.O.Ms. No. 928 Education Department (K)
  dated September 13, 1977 has envisaged the grant of the additional incre-
C ment on th<! minimum qualifications prescribed for the relevant categories,
  as indicated below :

             "(a) One Increment for B.A. or equivalent degree.

             (b) One Increment for B.Ed.
D
             (c) One Increment for M.A. or equivalent Post Graduate Degree.

             (d) One Increment for M.Ed."

         Admittedly, he is now having the post of Junior Lecturer which
E requires the M.A. qualification and, therefore, he is only entitled to two
  additional increments, namely, for acquiring his M.A. and M.Ed. qualifica-
  tions. They have stated in the illustration as under :

     SI.   Category   Revised        Qualifi-      Additional            No. of
     No.   of post    scale of pay   cations for   Qualifications for    Advance
F                                    post          eligibility to        Increments
                                                   Advance Increments    allowed

       1       2            3               4              5                   6
      2.    Trained graduate         Degree        a) Post Graduate       One
            teachers                 and           with B.Ed.             Increment
G           grade 11/320-14          Degree in     b) Degree with         One
            Schell Asst. 460-15      Teaching      c) Post Graduate       Increment
            580                      (B.Ed.)       with M.Ed.             Two
                                                                          Increment

H            4. The additional financial comment involved to the management
           V. GANGARAM v. REGIONAL JOINT DIRECTOR                      1045

         in the implementation of these order will be considered for assess-   A
         ment of teaching grants due to the schools under GRANT-TN-
         AID."

       On the basis thereof, the appellant is entitled to only two additional
increments, namely, one increment for M.A. and thereafter one for M.Ed.
Under these circumstances, the authorities have wrongly applied the B
G.O.Ms. No. 928 and G.O.Ms. 266 Finance and Planning dated November
17, 1986. While issuing the notice, it was confined to the question of
recovery of the arrears paid to him from the year 1985, the year in which
he is eligible to acquire additional qualifications for holding the post of
Lecturer. Thus, it could be been that he is entitled to the revised scale of C
pay giving the additional increments on two qualifications, namely, M.A.
and M.Ed. and therefore, he is entitled to the computation of the scale of
pay then applicable to him prior to the date of immediate month in which
examination was conducted of the scale of pay plus two additional incre-
ments. He is not entitled to the four increments, as successively claimed.
We hold that he is entitled only two increments, as indicated above. Since D
the Department itself has adopted above approach, we direct that arrears
paid prior to 1985 are not to be recovered and excess amount from 1985
is liable to be recovered from the pension payable to the appellant.
Instalment should be proportionately distributed so as not to cause any
undue hardship.                                                               E
       The appeal is accordingly disposed of. No costs.

G.N.                                                      Appeal disposed.