Thursday, 3 September 2015

Supreme Court: Higher qualification automatically would not entitle to the pay-scale of higher post than the post to which one is appointed.

In a case decided by the Supreme Court on September 01, 2015, it was held that  Higher qualification automatically would not entitle to the pay-scale of higher post than the post to which one is appointed.

The appellants in this case had been working for the last 25 years in the respondent Institutions and teaching the students of the college. The reason given by the High Court is that for the purpose of claiming pay-scale at par with the college teachers, the minimum requirement was that one had to clear the State Level Eligibility Test. In Supreme Court's view, that condition would not apply so far the appellants were concerned as because on the date when they were appointed and transferred to the college there was no requirement for having the qualification of State Level Eligibility Test. The qualification of the candidate was considered at the time of appointment and not after rendering 25 years of service in the college.

 The submission of the State counsel wass that the appellant was only Acharya and, therefore, he could only get the benefit of merger. However, the SC did not accept the submission made by the learned counsel. Further, it was also held that the High Court was not correct in holding that merely because the appellants have higher qualifications would not mean that they automatically become entitled to the pay-scale of higher post than the post to which they were appointed. The ratio decided in the case of State of Haryana vs. Kamal Shahrawat will not apply in the facts of the present case for the simple reason that the appellants have been serving in the college as a lecturer for the last 25 years

After  considering the matter, SC was of the view that in the special facts and circumstances of the present case, the appellants were entitled to get the pay-scale at par with the teachers of the respondent college inasmuch as they had been discharging the same duties and  also possessing the required qualification. However, the SC has made it clear this order would not create a precedent.

[Reference: Gurdas Singh and others etc. v/s State of Punjab and others (SC ) CIVIL APPEAL Nos.6691-6692 OF 2015 Decided on 01/09/2015 ]


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