ARCHANA WALIA Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2013-2-275
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 07,2013

Archana Walia Appellant
VERSUS
State of Punjab and Ors. Respondents


Referred Judgements :-

HARYANA STATE ADHYAPAK SANGH AND OTHERS V. STATE OF HARYANA AND OTHERS [REFERRED TO]
ASHOK KUMAR SHARMA AND OTHERS VS. STATE OF HARYANA AND OTHERS [REFERRED TO]


JUDGEMENT

- (1.)As per the averments made in this petition, the petitioner possesses the qualification of M.A. B. Ed and was appointed as a S.S. Mistress on part-time basis as per the approval vide order dated 24.8.2001 (Annexure P-1) by the Circle Education Officer, Jalandhar-respondent No. 3 in the pay scale of Rs. 5480-8925/- under Delhi pattern grant-in-aid Scheme. It was further stipulated therein that the employee will get the salary on the basis of 32/36 periods work-load at Rs. 5480/- per month with dearness allowance admissible from time to time. (Vide letter dated 22.3.2000 (Annexure P-2) clarification was sought regarding fixation of salary in the revised pay scale of the part time employees mentioning that as per the notification dated 16.1.1998, the revision of pay scale has not been implemented in the case of employees working in the Aided schools and the salary of the part time employee was being fixed in proportionate of the periods as revised in the year 1978 and 1986 of the Class-III Employees and thus, a clarification was sought whether the salary of the part time employee was fixed in the revised scales w.e.f. 1.1.1996). The petitioner was paid the basic pay of Rs. 5480/- and Dearness Allowance total amounting to Rs. 6966/- per month till the month of September, 2001. Subsequently, the salary of the petitioner was reduced from Rs. 6966/- to Rs. 3961/- per month. The petitioner represented to the respondent Authorities regarding the correction in the salary and also requested that she be granted the salary as per approval granted by the competent Authority. It is her further case that she was assured from time to time that the matter would be looked into and the rectification would be carried out accordingly. It has been specifically averred in the writ petition that the petitioner is teaching the subject of S.S.T. and English above 10th classes and the periods taken by her were at par with the regular Masters/Mistresses. Even her work has been adjudged satisfactorily. It has been further averred that she was being assigned the duties and responsibilities in other matters apart from teaching. It is also the case of the petitioner that earlier the scale of Masters/Mistresses was Rs. 1650- 2950 and the same was revised to Rs. 5280-8925 which was further revised to Rs. 6400-10640 w.e.f. 1.1.1996. It is the further case of the petitioner that though the initial pay of the Masters/Mistresses, who were working in the initial pay scale of Rs. 5480/-, has been fixed at Rs. 14430/- per month w.e.f. 1.1.2006 yet she is being paid the salary of Rs. 3961/- per month. It is further averred that she is also entitled to the initial pay scale and also deserves revised scale and fixed accordingly in proportion to the salary being given to the full time Masters/Mistresses and thus, the order Annexure P-3, whereby the revised pay scale are being denied to the petitioner on the ground that the revised pay scales are not applicable to the part time employees, is liable to be quashed and the petitioner is entitled to the relief, as claimed.
(2.)Counsel for the petitioner has further placed reliance on a judgment in the case of Ashok Kumar Sharma v. State of Punjab, 2005 6 SLR 367 wherein a direction was given to the respondents to pay a minimum of the pay scale of a College Lecturer to the employee who worked on part time basis as it was found that he worked at par with the full time lecturer in terms of the delivery of lecturers and other responsibilities. It is further argued that even the Hon'ble Supreme Court of India in the case of Haryana State Adhyapak Sangh and others v. State of Haryana and others,1990 1 RSJ 444 held that the pay scale of the teachers of the Government Aided Schools should be revised to bring them at par with the teachers of the Government Schools and the differential amount as a result of such revision in pay scale should be paid in installments.
(3.)The writ petition has been contested by the respondent-State as well as the Management on the ground that the revised pay scales are applicable only in the case of whole time employees of the Government of Punjab and the same are not applicable to the persons who are not in the whole time employment of the Government of Punjab. So, on the revision of scales, the pay of part time employees cannot be fixed in the revised scales.


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