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Wednesday, 5 December 2012

for grant of higher responsibility on promotion to the post of Master from the post of JBT and C&V TeacheR.


OFFICE OF DIRECTOR ELEMENTARY EDUCATION HARYANA, PANCHKULA
Order No.: 17/70-2012 HRM-1 (5) Dated, Panchkula, the S o` ' 2- 6 1-2--
Whereas Sh. Madan Mohan and others filed a Civil Writ Petition No. 3918 of 2012
before Hon'ble High Court praying for grant of higher responsibility on promotion to the post of
Master from the post of JBT and C&V Teacher. The petitioners approached Hon'ble High Court
to issue a writ of mandamus directing the respondents to grant them an additional increment for
discharging the duties and functions of higher responsibilities under Rule 4.4 (a) of the Punjab
Civil Service Rules, Vol.-1 part-1. The writ petition came for hearing before Hon'ble High Court
on 01.03.2010 and Hon'ble Court pleased to pass the following order:
"According to the petitioners, this Court had earlier adjudicated this matter and
allowed the writ petition i.e. CWP No.17301 of 2000 titled as Swaran Singh vs. State of
Haryana, vide its judgment dated 21.02.2002 (Annexure P-2), against which respondent-State
preferred Special Leave Petition before the Supreme Court i.e. Special Leave to Appeal (Civil)
No. 15182 of 2003, which was dismissed by the Supreme Court vide order dated 19.03.2010
(Annexure P-3). On this basis, the petitioners have claimed the relief in the present writ
petition. For this, the petitioners have served a legal notice dated 16.08.2011 (Annexure P-5)
but till date, no decision thereon has been conveyed to the petitioners. Counsel for the
petitioners contends that the petitioners, at this stage, would be satisfied if a direction is issuea
to the Commissioner and Director General, School Education, Haryana-respondent No. 2 to
consider the same within some specified time and pass a speaking order thereon.
Without going into the merits of the case or commenting thereon, the present petition is
disposed of with a direction to the Commissioner and Director General, School Education,
Haryana respondent No. 2 to consider the legal notice dated 16.08.2011(Annexure P-5) served
by the petitioners on him and take a decision thereon within a period of  three months from the
date of receipt of a certified copy of this order. In case, the petitioners are held entitled to the
claim made by them, the consequential benefits be released to them within a further period of
two months."That in compliance of the above said directions of Hon'ble High Court, the records of the
petitioners has been sorted out. It has found the name of the petitioners with their service details
are given below as under:-
Petitione
r No.
Name of the
Petitioners
Date of joining
as JBT with
Bask Pay
Date of
promotion
as HT/
ACP with
basic pay
Date of
promotion as
Master with
Basic Pay
Remarks if any
Madan
Mohan, GMS
Gairatpur
Bass, Block
Sohna District
Gurgaon
27-11-1997
Scale 4500-
7000 (PB-2 &
GP 4200)
l'' ACP
awarded
w.e.f.
1.12.2007
Scale PB-2
& GP 4600
18-01-2008,
Math Master
Seale PB-2 &
GP 4600
Petitioner has
already availed
higher pay scale in
the form of 1 s` ACP
F.D. Instructions
dated 09.04.2010
applicable
Manoj Kumar,
SS Master
01-02-1999
Scale 4500-
7000 (PB-2 &
GP 4200)
1' ACP
awarded
w.e.f.
01.02.2009
Scale PB-2
& GP 4600
06-12-2010
SS Master
Scale PB-2 &
GP 4600
.
-doRajinder
Singh, SS
Master, GMS
Mirjapur,
Block Patodi,
District
Gurgaon
04-02-1999
Scale 4500-
7000 (PB-2 &
GP 4200)
1st ACP
awarded
w.e.f.
01.03.2009
Scale PB-2
& GP 4600
17-01-2011
SS Master
Scale PB-2 &
GP 4600
-doSurender Lal,
SS Master,
GSSS
Manesar
District
Gurgaon
01-02-1999
Scale 4500-
7000 (PB-2 &
GP 4200)
1st ACP
awarded
w.e.f.
01.02.2009
Scale PB-2
& GP 4600
01-07-2011
SS Master
Scale PB-2 &
GP 4600
-d -
Ashok Kumar,
SS Master,
GHS Balewa,
Block Patodi,
District
Gurgaon
21-11-1995
Scale 4500-
7000 (PB-2 &
GP 4200)
lst ACP
awarded
w.e.f.
01.12.2005
Scale PB-2
& GP 4600
03-07-2009
SS Master
Scale PB-2 &
GP 4600
-doPawan Kumar,
SS Master,
GHS Patti
Station Block
Faruq Nagar,
District
Gurgaon
08-03-1999
Scale 4500-
7000 (PB-2 &
GP 4200)
1st ACP
awarded
w.e.f.
01.04.2009
Scale PB-2
& GP 4600
06-12-2010
SS Master
Scale PB-2 &
GP 4600
-do-
7. Vinod Kumar,
SS Master,
GHS Patti
Station, Block
Faruq Nagar,
District
Gurgaon
27-11-1995
Scale 4500-
7000 (PB-2 &
GP 4200)
HT
11.02.2004
Pay Scale
5500-9000
06-10-2010
SS Master,
respectively,
Scale 5500-
9000 (PB-2 &
GP-4600)
Already got
additional benefit at
the time of
promotion as H.T.
Moreover the new
promotion has been
granted on the basis
of JBT seniority,
_,
W:5'.444014014101ftwavManoj Kumar,
SS Master,
09-03-1999
Scale 4500-
7000 (PB-2 &
GP 4200)
1St ACP
awarded
w.e.f.
01.04.2009
Scale PB-2
& GP 4600
07-12-2010
SS Master
Scale PB-2 &
GP 4600
-
Petitioner has
already availed
higher pay scale in
the form of I' ACP
F.D. Instructions
dated 09.04.2010
applicable
Sunita, SS 12-03-1997 1S' ACP 26-10-2010 -doMistress, Scale 4500- awarded S. S. Mistress
GGMS Patli, 7000 (PB-2 & w.e.f. Scale PB-2 &
Block Farukh GP 4200) 01.04.2007 GP 4600
Nagar, District Scale PB-2
Gurgaon & GP 4600
10. Maha Nand, 01-12-1997 1s` ACP 27-06-2008 as Petitioner has
SS Master, Scale 4500- awarded HT, 20-12- already availed
GSSS 7000 (PB-2 & w.e.f. 2010 as SS higher pay scale in
Budhera,
District
GP 4200) 01.12.2007
Scale PB-2
Master Scale
PB-2 & GP
the form of 1 S`
Moreover, the
Gurgaon. & GP 4600 4600 promotion to SS
Master has been
granted on the basis
of seniority on the
post of JBT.
1 1 . Satish Kumar, 05-03-1999 HT 15-06-2007 as Petitioner has
Math Master, Scale 4500- 15.06.2007 HT, 24-01- availed higher pay
GHS Nanu 7000 (PB-2 & PB-2 & GP 2008 as Math scale in the form of
Kalan, Block
Pataudi,
District
Gurgaon
GP 4200) 4600 Master Scale
PB-2 & GP
4600
HT. Moreover, the
promotion to SS
Master has been
granted on the basis
of seniority on the
post of JBT.
Shallu Devi, 28-11-1997 lst ACP 18-01-2008 as Petitioner has
SS Mistress, Scale 4500- awarded Math Master already availed
GGHS 7000 (PB-2 & w.e.f. Scale PB-2 & higher pay scale in
Wazirabad,
Block &
GP 4200) 01.12.2007
Scale PB-2
GP 4600
.
the form of 1° ACP.
District
Gurgaon
& GP 4600 F.D. instructions
dated 09.04.2010
applicable
Mantosh 05-02-1999 1st ACP 30-06-2010 as -doKumar, SS Scale 4500- awarded SS Master
Master, GMS 7000 (PB-2 & w.e.f. Scale PB-2 &
Judola, Block GP 4200) 01.03.2009 GP 4600
Faruq Nagar,
District
Scale PB-2
& GP 4600
Gurgaon
Jai Parkash, 26-11-1997 HT 01-11-2010 Petitioner has
Master, GMS
Mirchehri
Scale 4500-
7000 (PB-2 &
05
09-05-2005
93+406 -0 G348P00 availed higher pay
scale in the form of
Block Babain,
District
GP 4200)
5500-9000 HT. Moreover, the
promotion to SS
Kurukshetra Master has been
granted on the basis
of seniority on the
post of JBT.
Kaushalaya 27-11-1997 HT 21-10-2010 -doDevi, SS Scale 4500- 9300-34800
Master, GSSS 7000 (PB-2 & 05-02-2004 +4600 GP
Dudhla- orMorthla,
District
Kurukshetra
GP 4200) 5500-9000
Kulvinder
Singh, SS
16.03.1999
Scale 4500-
1st ACP
awarded
07.12.2010 SS
Master
Petitioner has
already availed
Master, GMS 7000 PB-2 & w.e.f. higher pay scale in
Imligarh GP-4200 01.04.2009 9300-34800 the form of 1 s` ACP.
(Rohtak)
PB-2 & GP-
+4600 GP Moreover, the
promotion to SS
4600 under
1 st ACP
Master has been
granted on the basis
of seniority on the
post of JBT
Dalbir Singh,
Hindi Teacher
S/o Panna Lal,
GHS Meoli,
Block Pundri
As JBT
18.10.1995
Scale 4500-
7000
2nd .ACP
Awarded
w.e.f. 01-
01-2012 GP
4800 Under
HT 5500/9000
31-12-2001
Hindi Techer
Higher Pay Scale
awarded w.e.f.
01-01-2012 in the
form of 2nd ACP.
District rule 13 to
24.01.2008 F.D. Instructions
Kaithal the post
JBT in pay
5500-9000
dated 09.04.2010
applicable
9300/34800
and on the
basis of
stagnation in
pay scale of
PB-2, GP
4600
Lakhvinder As JBT 1st ACP Promotion as Petitioner has
Singh, Hindi 23.11.95 Awarded as Hindi Teacher availed higher pay
Teacher S/o a JBT w.e.f. 25-01-2008 in scale in the form of
Balwant
Singh, GHS
4500-7000 01-12-2005 scale
5500/9000
HT. Moreover, the
promotion to SS
Pharal, Block
Pundri,
District
Kaithal
-
Master has been
granted on the basis
of seniority on the
post of JBT.
Baini Ram. As JBT l't ACP Promotion as -doHindi Teacher
S/o Ram
14.01.1994 Awarded as
a JBT w.e.f.
Hindi Teacher
15-02-2007 in
Chander, GHS 4500-7000 01-02-2004 scale
Kawartan,
block Siwan,
District
5450-8000
5500/9000
Kaithal
Ram Kumar,
SS Master S/o
As JBT
21.08.1998
1st ACP
Awarded
Promotion as
S.S Master
Petitioner has
already availed
Lachhman
Dass, GHS
Chuhar Majra
Block
DistrictPundri,
4500-7000
01.09.2008
9300-34800
GP 4600
01.07.2010
9300-34800
higher pay scale in
the form of 1 st ACP.
Moreover, the
promotion to SS
Kaithal Master has been
granted on the basis
of seniority on the
post of JBT.
Raj inder As JBT w.e.f. 1 51 ACP Promotion as -doParshad, SS
Master GHS
29.01.1999,
4500-7000
granted
w•e.f.
S.S Master
08.12.2010
Dariyapur 01.02.2009
(Bhiwani)
9300-34800
PB-2 +GP
<r
44600 1
Satyawan
Singh, SS
Master, GHS
Singhdaragho,
Block HansiHisar
As JBT w.e.f.
17.11.1995,
4500-7000
lst ACP
granted
w•e.f.
01.12.2005
PB-2 +GP
5450-8000
Revised Pay
fixed in PB-
2 & GP-
4600 w.e.f.
01.01.2006
Promotion as
S.S Master
11.07.2006
9300-34800
-doRam Niwas
S.S Master,
GSSS Kosli,
Block Nahar,
District
Rewari
As JBT w.e.f.
10.03.1999,
4500-7000
.
13.06.2007
HT Pay
Scale 5500-
9000
Promotion as
S.S Master 24-
12-2010
Petitioner has
availed higher pay
scale in the form of
HT. Moreover, the
promotion to SS
Master has been
granted on the basis
of seniority on the
post of JBT.
Dalip Singh
S.S. Master,
GSSS Sukh
Chain, District
Sirsa.
As JBT w.e.f.
18.01.1994,
4500-7000
..
l' ACP
awarded
w•e.f.
01.02.2004
,5450-8000
Revised Pay
fixed in PB-
2 & GP-
4600 w.e.f
01.01.2006
Promotion as
S.S Master 02-
02-2008
Petitioner has
already availed
higher pay scale in
the form of l' ACP.
Moreover, the
promotion to SS
Master has been
granted on the basis
of seniority on the
post of JBT.
Pawan Kumar
S.S Master,
GHS
Alakpura,
Block
Bhiwani
Khera, District
Bhiwani
As JBT w.e.f.
29.01.1999,
4500-7000
..
1 31 ACP
granted
w•e.f.
01.02.2009
PB-2 & GP-
4600
Promotion as
S.S Master 12-
05-2011
-doThe similar matter of additional increment of higher responsibilities came before Hon' b le
Supreme Court of India in Civil appeal No. 6992 of 2004, titled State of Haryana & others versus
Partap Singh & others. Thg judgment dated 22/09/2006 as pronounced by Hon'ble Supreme
Court of India in this Civil Appeal is, hereby, reproduced as under-
.
"In all these cases, the basic question involved is whether the respondents herein  are
entitled to the benefit of Rule 4.4 of the Punjab Civil Services Rules (hereinafter to be referred
to as the "Rules"), Volume-I, Part-I or not?
For convenient disposal of these cases, the brief facts given in C.A. No. 6305 of 2004
State of Haryana & Anr. v. Tarlochan Lal & Ors. are taken into consideration. The writ
petitioners were appointed as J.B.T. teachers in the Haryana Education Department.  They
acquired higher qualifications of B.A3 Inter B.Ed, during the course of their service. A6
notification was issued on 23.7.1957 to the effect that the teachers who have acquired higher
qualiftcations shall be granted higher grade. The writ petitioners who acquired higher
qualifications were given the grade of Social Study Master and subsequently when they were
promoted as Social Study 1Waiter they were granted one increment on account of discharge of
higher responsibility from the date of promotion as Social Study Master and their initial pay in
the promotional grade was fixed under Rule 4.4. Subsequently, the State Government decided
that grant of increment on account of discharge of higher qualifications could not be granted
to the Social Study Masters, the Drawing and Disbursing Officers withdrew the said
increments. The claim of the writ petitioners was that since the increment had been granted
because they were discharging higher responsibility while teaching higher classes in schools,
therefore, under Rule 4.4 of the Rules they were entitled to the said increment and it cannot be
withdrawn.
The matter was contested by the State appellants before the High Court and a plea was
taken that it is immaterial whether the writ petitioners teach in Class VI or Class X , that does
not make any difference, it does not involve discharging of higher responsibility and they were
not promoted on administrative posts. It was also pointed out that they had already been
granted higher pay scale on acquiring higher qualification and therefore, they are not entitled
to one additional increment or pay fixation under Rule 4.4 of the Rules. It was not disputed
that before promotion which was subsequently granted to the writ petitioners, they were
teaching Class I to Class V and on their acquiring higher qualification, they were givers the
grade of Masters and they were asked to teach the students of Class VI to Class X. The
contention of the writ petitioners before the High Court was that since they were discharging
the duties of higher responsibility i.e. for teaching the students of Class VI to Class X,
therefore, they were entitled to one additional increment and fixation of pay under Rule 4.4.
It may be relevant to mention here that the circular dated 23.7.1957 was subsequently
modified by the State of Haryana vide Notification dated 9.3.1990 and thereby it was clarified
in para 6 of the said circular that the benefit which was given in terms of para 2 of  'the
Punjab Government letter dated 23.7.1957 or any subsequent letters/ notifications issued by
the State Government, the mastersAeachers in the Education Department will be placed in the
scales of pay of their respective categories to which they are appointed against the sanctioned
posts and mere possession/acquiring of higher qualifications will not entitle them
automatically to claim higher pay scales, meaning thereby that after issuance  of this
notification, acquisition of higher qualification would not entitle the benefit of  higher pay
scale i.e. Masters' pay scale. In these writ petitions which were filed in 1998 before the High
Court, perhaps this circular of the State Government dated 9.3.1990 was not brought to the
notice of the Court. Be that as it may, in view of the changed policy of the State of Haryana,
the JBT teachers who acquired higher qualifications were not entitled to the higher pay scale
of Masters. The State Government did not take any steps in pursuance to this circular.
Therefore, by virtue of the earlier circular dated 23.7.1957 those teachers continued in the
higher pay scale of masters. Subsequently they were promoted to the post of Masters, they
again sought the benefit of one more increment by filing writ petitions. But it was not brought
to the notice of the Court that their continuation in the pay scale of Masters was against thepolicy but they were allowed to continue in the Masters' pay scale and when the regular
promotion to the post of Master was made, they claimed re-fixation of pay scale as per Rule
4.4 of the Rules and that too was allowed by the High Court de hors the fact that the earlier
circular dated 23.7.1957 has since been clarified by the State Government in the subsequent
circular dated 9.3.1990. It was also pointed out by the State Government by filing an affidavit
by Shri Dayal Singh Sangwan, Budget Officer (Schools) before this Court that though these
writ petitioners were granted pay scale of Masters while working on a lower post of JBT
teachers, on acquiring higher qualification of B.A., B.Ed. in terms of the aforesaid circular
dated 23.7.1957 but they were not appointed or promoted to the post of Masters. They were of
course drawing the pay scale of Masters but no regular promotion was given to them.  Now
regular promotion having been given, they cannot claim fixation of pay in terms of Rule 4.4 of
the Rules because they are already in the same pay scale of  Masters. It was also pointed out
that this will result in heart burning amongst the direct recruits who have been working as
Masters for longer period but would be getting lesser pay than those like the respondents if the
impugned judgment is upheld. It was also pointed out that the respondents were already
getting the functional pay scale of the promotion post of Masters while working in the cadre of
JBT teachers and the pay was also fixed in the higher pay scale and thus on their actual
promotion to the post of Masters they are not entitled to re-fix their pay by granting one
additional increment. Since the respondents were already getting the functional pay scale  of
the promotional post from the date of acquiring the qualifications of the promotional post of
Masters, therefore, there is no question of granting the benefit of Rule 4.4 of the Rules to the
respondents.
Learned counsel for the appellants strenuously submitted that once the respondents while
working as JBT teachers having been granted higher pay scale  of Masters and now the
regular promotion order was issued, it would not be possible to grant them one more
increment while fixing their pay in the promotional post of Master. The submission of learned
counsel for the appellants appears to be justified. Since the respondents herein were already
functioning in the pay scale of Masters and it was nothing but regularization of their pay
which they were not entitled to because of the change in the policy but they were allowed to
continue and now when the regular promotion is sought to be given to them they cannot get
the double benefit of fixation of pay. As per the rejoinder affidavit filed on behalf of  the State
Government by Sh. Dayal Singh Sangwan, Budget Officer (Schools) in the Directorate of
Secondary Education, Haryana, it appears that the respondents on acquiring the higher
qualifkations were granted one additional increment though they were not entitled because by
that time the policy has been changed in 1990 but nobody challenged the earlier judgments by
which the Court allowed them to continue in the functional pay scale of Masters. Now,
because of regular promotion order being issued for the post of Masters, it only amounts to
regularization of the pay scale which they were already drawing i.e. pay scale  of Masters.
Thus, granting of one more increment because of regularization of the respondents by
promoting them to the post of Masters, would not entitle them the double benefit, though they
have already got one increment on acquiring the higher educational qualifications and nowon regular promotion being given in the Masters' pay scale in which they were already
working, they cannot claim another benefit. Rule 4.4 reads as under:
"4.4. The initial substantive pay of a Government employee who is appointed
substantively to a post on a
time-scale of pay is regulated as follows:-
(a) If he holds a lien on a permanent post, other than a tenure post, or would hold lien
on such a post, had his, lien not been suspendedwhen appointment to the new post involves the assumption  of duties or
responsibilities of greater importance (as interpreted for the purposes of rule 4.13) than these
attaching to such permanent post, he will draw as initial pay the stage  of the time-scale next
above his, substantive pay in respect of the old post;
when appointment to the new post does not involve such assumption, he will draw
as initial pay the stage of the time-scale which is equal to his substantive pay in respect of the
old post, or, if there is no such stage, the stage next below that pay plus personal pay equal to
the difference, and in either case will continue to draw that pay until such time as he would
have received an increment in the time scale  of the old post or for the period after which an
increment is earned in the time-scale of the new post, whichever is less. But if the minimum of
the time-scale of the new post is higher than his substantive pay in respect of the old post he
will draw that minimum as initial pay.
(iii) When appointment to the new post is made on his own request under rule 3.17 (a)
and maximum pay in the time-scale of that post is less than his substantive pay in respect of
the old post, he will draw that
maximum as initial pay."
The above rule says that when appointment to the new post involves the assumption  of
duties or
responsibilities of greater importance than those attaching to such permanent  post, the
incumbent will draw as initial pay the stage of time scale next above his substantive pay in
respect of the old post meaning thereby that the promotion which involves responsibilities of
greater importance then in that case the incumbent will draw as initial pay the stage  of timescale next above his substantive pay in respect of the old post. That means he will be entitled to
one increment in the old post. But in the present case, the respondents are already drawing the
pay scale of the post of Master i.e. higher post As such, where is the question of  granting
them one increment further now? Under rule 4.4 it could have been possible to grant them
fixation if they were continuing in the old scale of JBT teachers and on their promotion to the
post of Master, then certainly they would have been entitled to fixation of pay giving them the
initial-pay the stage of time scale next above their substantive pay in respect of the old post.
But they are already fixed in the pay scale of higher post of Master which though legitimately
they were not entitled to because of the change in the policy but they continued in the higher
pay scale despite the change in the policy and the Government did not take any further steps to
put the house in proper order. Be that as it may, since the respondents were drawing the
higher pay scale on acquiring higher educational qualifications, i.e. the Master's  pay scale,
and now only regular orders have been passed, promoting them as Master, there is no9
iuestion of again fixing them next above their substantive pay in respect of the old post. They
are not holding the old post any more and they were not drawing the salary of JBT teachers
i.e. the old post. Therefore, there is no question of granting them the initial pay the stage of
time scale next above their substantive pay in respect of the old post.
In this connection, a reference may be made to the decision of this Court, in the case of State
of Haryana & Ors. v. Sumitra Devi & Ors., reported in 120041 12 SCC 322. wherein the
earlier decisions of this Court on similar controversy were reviewed and it was observed in
paragraph 5 of the judgment as follows :
"It is, therefore, not a case where the petitioners had acquired a qualification prior to
9.3.1990 while acting as teachers or masters. The circular letter dated 9.3.1990 clearly states
that a higher scale of pay would not be admissible to them despite holding a higher
qualification having been appointed on a lower post. Such higher scale of pay was admissible
only to such teachers/ masters who had enhanced their educational qualification during the
course of service. The petitioners, therefore, were not entitled to higher scale of pay. The
learned counsel for the respondents submitted that keeping in view the fact that persons
having similar qualification are getting higher scales of pay, as such this Court should not
interfere with the impugned judgment. The submission of the learned counsel cannot be
accepted for more than one reason. As the persons who'have been granted higher scales of
pay enhanced their qualification while holding their offices they had been allowed to continue
to get a higher scale of pay in view of the concession made by the learned counsel appearing
on behalf of the State. This Court, both in Wazir Singh and Kamal Singh Saharwat as
indicated hereinbefore, in np uncertain terms held that even such holders of such offices
would not automatically be entitled to, on acquisition of a higher qualification, a higher scale
of pay. The petitioners, as noticed, already had higher qualification and thus not entitled to
benefit of any circular whatsoever. Unfortunately, this aspect of the matter has not been taken
into consideration by the High Court. Furthermore, even an order cannot be passed under
Article 142 of the Constitution which will be contrary to the statute or statutory rules."
In this case, the respondents were in the pay scale of JBT teachers and similar claim
was made. This was negatived by this Court. Apart from this, there is another direct decision
on the similar issue, in the case of Union of India & Ors. v. Ashoke Kumar Banerjee, reported
in (1998] 5 SCC 242, wherein Fundamental Rules 22(1)(a)(1) came up for consideration
before this Court. In this case, the respondent was a Junior Engineer In the pay scale of Rs.
1640-2900/- and he was granted the pay scale of Assistant Engineer in the pay scale of Rs.
2000-3500/-. The respondent received the same benefit in advance while working as Junior
Engineer on completion of 15 years service and not actually functioning as Assistant
Engineer. The respondent was held not entitled to further increment & fixation on promotion
to the post of Assistant Engineer in the pay scale of Rs. 2000-3500/-. In that context, their
Lordships held as follows:
" The respondent having received the same benefit in advance, while working as
Junior Engineer and while not actually functioning as an Assistant Engineer, is not entitled to
the same benefit of fresh fitment in the scale of Rs.2000-3 500 when he is promoted as
Assistant Engineer. This is because on actual promotion as Assistant Engineer, he is not beingfated into the "time scale of the higher post" as stated in FR 22 (I) (a) (1). That situation was
already over when he got benefit on completion of 15 years. Further, the respondent is a
junior officer in the category of Junior Engineers' and he has already got the benefit of the FR
on completion of 15 years. If he is to be given a second benefit on the basis of the same FR,
then he would be getting more than his seniors, who might have got promoted earlier and
might have got benefit of FR 22(1) (a)(1) only once. Such an anomaly is not intended by FR
22(1) (a) (1)."
Here in the present case, the difference is that the respondents are getting the higher
pay scale i.e. Master pay scale, on acquiring higher educational qualification though in fact
they were not promoted to the post of Masters. In the case of Ashoke Kumar Banerjee (supra)
functional pay of Assistant Engineer in the pay scale of Rs. 2000-3500/- was granted to
incumbent on completion of 15 years of service. Inj identical situation, the Court declined to
grant re-fixation of pay as P er FR 22(1)(a)(1) and same is the position in the present case.
When the respondents were already getting the; functional pay  of Masters while working as
JBT teachers, now they have been promoted in the pay scale of Masters. Therefore, they
cannot get another fixation of pay which would amount to double benefit to the persons who
are already working as Masters. Judicial fiat cannot create anomalous position against the
statute. Hence, we allow all these appeals and set aside the impugned judgments of the Punjab
& Haryana High Court. However, whatever benefits, if any, received by the respondents would
not be recovered and they will not be entitled to fixation under Rule 4.4  of the Rules. No order
as to costs."
Again in a bunch of Civil Writ Petitions, mainly No. 3790 of 2006 titled Neelam Bali
and others versus State of Punjab and others, the Division Bench of Hon'ble Punjab and
Haryana High Court vide its decision dated 06.03.2009 has opined the same. The operative part
of this judgment is, hereby reproduced as under:
"In view of the aforesaid discussion, it is held that the petitioners, who were working as
JBT/C & V Cadre (Hindi/Punjabi Teachers etc) in the same pay scale as that of the
promotional post of Master/Mistresses would not be entitled to the grant of one additional
increment on their promotion to the post of Master/Mistresses in the same pay scale on the
ground of assuming higher responsibilities, especially in view of  the Instructions dated
22.8.2006 (Annexure R.3) whereby the Administrative Department has categorically stated
that their such aforesaid promotion does not confer any higher responsibility upon them. The
validity of the Instructions dated 22.8.2006 (Annexure R.3), which is challenged in one of the
connected writ petitions, is thus upheld.
Therefore, in view of the above, the main petition bearing CWP No.3790 of 2006 is
dismissed with no order as to costs."11
The Finance department Haryana, Chandigarh has considered the same facts and issued
Memo No. 2/102/2009-2PR (FD), Dated Chandigarh, the 9 th April, 2010. The same authority
issued again guidelines regarding litigation policy vides its memo No. 8/10/2011-3PR(FD)  dated
Chandigarh the 15 th December 2011.
Considering all the facts mentioned above the petitioners have  not filed any re
that the petitioners-presentation and further it is also crystal clear from the table mentioned above
have already been granted higher pay scale in the form of JST Scale or Assured Career
Progression (ACP) Scales, therefore, they are not entitled to claim additional  increment on their
promotion on the post of Head Teacher.
Keeping in view, Civil Services Rules and the judgments of the Hon'ble High
Court and the Supreme Court of India read with instructions issued by the Finance Department
Haryana, the petitioners' claim for granting them increment on promotion is not sustainable,
therefore, the legal notice dated 16.08.2011 has no merits and deserves to be rejected.
I pass an order accordingly.
Director Elements ducation Haryana,
Panchkula
Endst. No. Dated:-
A copy is forwarded to the following information:-
The District Elementary Education Officer, Rohtak,  Bhiwani, Rewari,
Kurukshetra, Sirsa, Gurgaon, Kaithal, Hisar.
Madan Mohan, Maths Master S/o Cinta Ram, GMS Gairatpur Bass, Block
Sohna District Gurgaon.
Kulvinder Singh, SS Master S/o Devender Singh, GMS Imligarh, Block
Mehan, District Rohtak.
Dalip Singh, SS Master S/o Ajmeer Singh, GSSS Sukh Chain, District
Sirsa.
Dalbir Singh, Hindi Teacher S/o Parma Lal, GHS Meoli, Block Pundri
District Kaithal.
Lakhvinder Singh, Hindi Teacher S/o Balwant Singh, GHS Pharal, Block
Pundri, District Kaithal.
Satyawan Singh, SS Master S/o Nihal Singh, GHS Singhdaragho, Block
Hansi- Hisar.
Baini Ram, hindi Teacher S/o Ram Chander, GHS Kawartan,  Block Siwan,
District Kaithal.
Rajender Parshad, SS Master S/o Chander Bhan, GHS Dariapur , block
Siwan, District Bhiwani.
Pawan Kumar, SS Master S/o Kapoor Singh, GHS Alakhpura, Block
Bhiwani Khera, District Bhiwani.41111111.100
Smt. Shalu Devi , SS Mistress W/o Surender Kumar, GGHS Wazirabad..
Block-& District Gurgaon.
Ashok Kumar, SS Master S/o Ram Chander, GHS Balewa, Block. Patodi,
District Gurgaon.
Manoj Kumar, SS Master S/o Om Parkash, GHS Mahaniawas. Block
Patodi, District Gurgaon.
Satish Kumar, Maths Master S/o Jai Dayal Singh, GHS Nanu Kalan, Block
Pataudi, District Gurgaon.
15, Ram Niwas, SS Master S/o Pyeare Lal, GSSS Kosli, Block Nahar, District
Rewari.
Mantosh Kumar, SS Master S/o Ram Kishan , GMS Judola, Block Farud
Nagar, District Gurgaon.
Surender Lal, SS Master S/o Nawal Singh GSSS Manesar., District
Gurgaon.
Rajender Singh, SS Master S/o Hosiar, GMS Mirjapur, Block Patodi,
District Gurgaon.
Manoj Kumar, SS Master Sic) Munshi Ram, GMS Bhonkarkan, Block
Patodi, District Gurgaon.
Pawan Kumar, SS Master S/o Raghbir Singh, GHS Path station , Block
Faruq Nagar, District Gurgaon.
Vinod Kumar, SS Master S/o Dheer Singh, GHS Patli Station , Block
Faruq Nagar, District Gurgaon.
Smt. Sunita, SS Mistress W/o Chandan Kumar, GGMS Patli, Block
Farukh Nagar, District Gurgaon.
Mahanand , SS Master S/o Bhoop Singh, GSSS Budhera, District Gurgaon.
Ram Kumar, SS Master S/o Lachhman Dass, GHS Chuhar Majra, Block
Pundri, District Kaithal.
Jai Parkash, Master S/o Meher Chand GMS Mirchehri Block Babain,
District Kurukshetra.
Smt. Kaushalya Devi, SS Mistress W/o Jai Parkash, GSSS
Morthla, District Kurukshetra.
Head of Institution concerned.
2 .0. IT Cell.
2-41 . C14,901-okitzt 1-101-171- EP. I Cecv Qti -
For Director Elementary Education Haryana,
Panchkula
.;1;41--74
Deputy D ector Master348 7 c

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