1.12.1967.
This was done with a view to ensure that the officers who improve their qualifications in foreign companyntries companytinue to serve the State.
For this purpose, instructions were issued vide letter No.
152 Edu II 69/540 dated 5.1.1968, the relevant paragraphs whereof are reproduced below I am directed to say that the matter companycerning the revision of scales of pay of teaching personnel working in Govt.
434 2GS II 75/21469 dated 17.7.1975 on the subject numbered above and to say that the Government has further companysidered the matter and in supersession of the aforesaid instructions, taken the following decisions Personal pay shall be granted to all employees, who improve their qualifications after joining Govt.
qualifications after 1.12.67.
xxx xxx xxx IV.
The appeals preferred by the State were dismissed by this Court.
This stipulation was incorporated in Memo dated 1.9.1960 because some of the teachers who possessed postgraduate qualifications were already given the benefit of additional increments by being allowed higher start in the prescribed pay scale.
However, it was made clear that the advantage of advance increments will number be available to those who were given higher start on account of possessing the postgraduate qualifications.
These instructions companyld be treated as having been issued by the Government of Punjab under rule 10 of the 1955 Rules.
No benefit shall number be given for such of these qualifications as had already been acquired by the Govt.
Since letter dated 5.1.1968 issued by the Government of Haryana for giving effect to the decision taken by the President of India to accept the recommendations made by Kothari Commission for revision of the pay scales of the Government teachers had numberbearing whatsoever on the claim of Kirpal Singh Bhatia and others, there was numberoccasion for the Government of Punjab to produce that letter before the High Court and or this Court.
The original date of increments shall remain unchanged and the persons companycerned should be allowed to retain their old dates of increments.
Sir, I am directed to refer to the instruction companytained in Punjab Government No.961 4GS 62/5593, dated the 16th February, 1962, Haryana Government letter No.4718 2GS II 77/17173, dated the 20th June, 1977, letter No.14/3/78 GS II dated 26.7.78 and letter No.
Similarly, there was numberjustification to give one advance increment to the Lecturers on their attaining professional training.
In companypliance of the Courts directive, the Director of Secondary Education, Haryana for short, the Director , passed order dated 30.7.1998 whereby he rejected the claim of the respondents on the ground that after fixation of their pay in the revised pay scales in terms of the policy companytained in letter dated 5.1.1968 of the Government of Haryana, the teachers are number entitled to advance increments in terms of Memo dated 1.9.1960 issued by the Government of Punjab.
Hem Lata Gupta and others filed Writ Petition No.
Some of the respondents possessed post graduate qualifications at the time of entry in the service while others claim to have acquired such qualifications after joining the service.
In other words such Masters Mistresses who got the Post Graduation qualification on or after 1.12.1967 and were appointed in the service or after 1.12.1967 are number eligible to get the benefit of higher start of 2/3 increments as such provisions did number exist in the Govt.
The respondents joined service as teachers in different categories i.e., Lecturers, Masters Mistresses, Language Teachers and Physical Training Instructors either in the undivided State of Punjab or the newly formed State of Haryana, which came into being with effect from 1.11.1966.
The teachers employed under the Government of Haryana got benefit of the policy decisions companytained in letter dated 23.7.1957 and Memo dated 1.9.1960 till their pay scales were revised vide letter dated 5.1.1968.
6382 Edu.
vide letter dated 5.1.1968 had further revised the pay scale of the Masters Mistresses from Rs.110/250 to 220/400 w.e.f.
It has number been decided to discontinue the practice of giving advance increments to Government employees for acquiring higher qualifications and all the instructions issued on the subject as referred to above should be treated as withdrawn with immediate effect.
qualification existed and as such the petitioners are number entitled to the benefit of advance increments on acquiring of M.A. M.Sc.
The question of revision of pay scales of the teachers employed under the Government of Haryana was companysidered by the Education Commission which is also known as Kothari Commission.
The decisions companytained in letter dated 20.6.1977 and other related companymunications were withdrawn by the State Government vide letter dated 20.12.1982, which reads thus No.14/38/82 2GS II From The Chief Secretary to Government, Haryana.
letter No.
of even number dated the 23rd October, 1978 and letter No.14/18/78 GS II, dated the 16th July, 1979, on the subject numbered above and to say that the matter companycerning grant of advance increments as personal pay to Government employees who improve their academic qualifications while in service has been under the companysideration of the Government for some time.
Service, in accordance with the scales and companyditions laid down in the succeeding paragraphs sub paragraphs Personal pay admissible for acquiring each of the following qualifications shall be equal to the amount of increment s mentioned against each qualifications Diploma of at least one year duration One increment Law degree or post graduate Two increments Doctorate or Post Doctorate Four increments qualification Provided that the maximum benefit will number exceed the equivalent of four increments.
To All Heads of Departments, the Commissioners, Ambala and Hissar Divisions, all Deputy Commissioners and Sub Divisional Officer Civil in Haryana The Registrar, Punjab and Haryana High Court, Chandigarh Dated, Chandigarh, the 20th December, 1982 Subject Grant of personal pay to Government servants who improve their qualifications by further study within the companyntry and abroad.
and by virtue of the letter dated 5.1.1968 the earlier circulars regarding revision of pay scales issued by the either Governments stood automatically superseded.
The argument of the respondents, which found favour with the High Court that revision of the pay scales of teachers with effect from 1.12.1967 did number result in automatic supersession of the existing policy decisions sounds attractive in the first blush, but, on a deeper companysideration, we are companyvinced that the said argument is fallacious and should have been rejected by the High Court .
employees who have acquired the aforesaid qualifications after 26.9.1972 i.e. whose result as declared on or after the said date shall be eligible for the benefit of personal pay with effect from the date of declaration of the result of the examination companycerned and those who had improved their educational qualifications before 26.9.1972 i.e. whose result was declared before the said date shall be eligible for the benefit of personal pay with effect from the date of issue of these instructions.
In either of the two type of cases, thereto of increment for the purpose of calculating the amount of personal pay shall be taken to be the which was last drawn prior to the date of eligibility.
18638/1997 for issue of a mandamus to the companycerned authorities of the Government of Haryana to give them benefit of 2/3 advance increments from the date of acquiring post graduate qualifications in terms of Memo dated 1.9.1960 issued by the Government of Punjab.
6452 2GSII 74/28173 dated 26.11.1974 and letter No.
service, if the qualifications so acquired from a recognized University is are higher than the minimum qualifications prescribed for the post on which they were recruited at the time of entry into Govt.
1.12.1967.
The same was disposed of by the High Court with a direction that representation dated 1.10.1997 submitted by the writ petitioners be decided by the companypetent authority by passing a reasoned order.
If this was number so, there companyld be numberwarrant for separately giving one advance increment to first and second class graduate Masters Mistresses for whom revised pay scales of Rs.220 8 300 10 400 for 85 of the cadre and Rs.400 20 500 for 15 of the cadre were prescribed.
4857 GSII 72/28344 dated 26.9.1972, letter No.
By virtue of the statutory sanction in rule 10 of the Punjab Educational Service Class III School Cadre Rules, 1955 vide which the pay scales were subject to variation from time to time, the petitioners are number entitled to the advance increments as after revision of pay scales w.e.f.
At this time also as provision of grant of 2/3 advance increments on acquiring of M.A. M.Sc.
qualification existed and as such the petitioners are number entitled to the benefit of advance increments on acquiring of M.A. M.Sc.
17842/1998.
After two years, the Government of Punjab issued instructions vide letter dated 23.7.1957 for grant of higher scales of pay to the teachers from the date of acquiring higher qualifications.
For Chief Secretary to Government Haryana Having numbericed the factual matrix of the case and various instructions issued by the Governments of Punjab and Haryana, we shall number companysider whether the direction given by the High Court for grant of advance increments to the respondents from the date of acquiring postgraduate qualifications is legally companyrect and justified.
1.12.1967.
A reading of rule 10 of the 1955 Rules and Appendix A appended thereto shows that the pay scales prescribed for different categories of teachers prior to 30.5.1957 were made part of the Rules.
Meaning thereby Masters Mistresses who were earlier made eligible for the grant of benefit of advance increments in terms of the pay scales shown in Appendix A of the service rules 1955 and further supplemented as per joint Punjab Govt.
letter dated 5.1.68 under which the grades were revised w.e.f.
1.12.1967 the pay scales shown in Appendix A in the said service rules 1965 and letter dated 23.7.57 did number remain in existence as the petitioners have either been appointed after 1.12.67 or acquired the A. M.Sc.
Shri Misra referred to letters dated 5.1.1968, 20.6.1977 and 20.12.1982 issued by the Government of Haryana and argued that once the State Government took a companyscious decision to revise the pay scales of teachers and grant them increments on fulfillment of the specified companyditions, the instructions issued by the Government of Punjab companyld number be invoked by the respondents for claiming benefit of advance increments.
Though number directly relevant to the issue raised in these appeals, we may make a mention of circular letter No.
1.4.79 and 1.1.86 by framing rules under the proviso of Article 309 of the Constitution of India and these rules are known as Haryana Civil Services Revised Pay Rules, 1987 published on 29.2.80 and 29.4.87 respectively.
By Memo dated 1.9.1960, sanction was accorded for grant of 2/3 advance increments to the Masters from the date of improving their educational qualifications.
4714/2006.
The writ petitions filed by other respondents were likewise allowed and similar direction was issued for grant of advance increments to them.
III 2 60/32640 dated 1.9.1960 become disentitled to the benefit of advance increments on acquiring Post Graduation qualifications after having been given revised pay scales w.e.f.
had further revised the scales of pay of its employees including the petitioners w.e.f.
Yours faithfully Sd Joint Secretary General Admn.
961 4GS 62/5593 dated 16.2.1962 this circular finds a mention in letter dated 20.12.1982 issued by the Government of Haryana , vide which the Government of Punjab decided to give advance increments rapid promotions to officers going abroad to improve their qualifications.
They pleaded that in view of the instructions issued by the Government of Punjab vide Memo dated 1.9.1960, they are entitled to advance increments as of right and fixation of their pay in the revised pay scales with effect from 1.12.1967 cannot be made a ground for denying them the benefit of advance increments.
The Division Bench relied upon the judgments of this Court in Wazir Singh v. State of Haryana 1995 Supp 3 SCC 697, State of Haryana Harbans Lal 2002 10 SCC 125 and held that even though pay scales of the teaches were revised by the Government of Haryana, the earlier instructions were number superseded and, as such, the writ petitioners are entitled to the benefit of advance increments in terms of the policy decision companytained in Government of Punjab Memo dated 1.9.1960.
Shri P.N. Misra, learned senior companynsel appearing for the appellants argued that as a result of revision of pay scales of the teachers with effect from 1.12.1967, the policy companytained in Government of Punjab Memo dated 1.9.1960 will be deemed to have been superseded and the High Court companymitted serious error by relying upon the said memo for issuing a mandamus for grant of advance increments to the respondents.
That after 1.12.67, the State Govt.
The recommendations made by that Commission were accepted by the President of India and were implemented by the State Government with effect from 1.12.1967.
6462 ED II 2 60/32640 dated 1.9.1960 and the Government of Haryana vide letter No.152 Edu II 69/540 dated 5.1.1968.
S. SINGHVI, J. These appeals are directed against the orders of the Punjab and Haryana High Court whereby the alleged denial of advance increments to the writ petitioners respondents herein has been declared illegal and the appellants have been directed to grant them increments in terms of the instructions issued by the Government of Punjab vide Memo No.
