Gurdas Singh possessed requisite qualifications i.e. Shastri, Acharya and M.A. (Sanskrit) and was transferred from NJSA College, Kapurthala on 18th August, 1989. He has been serving in the respondent Institute for the last 26 years. Similarly, appellant No.2 Sitar Mohammad possesses qualification of M.A., Punjabi, Gyani (Hons in Punjabi). He was transferred from Government Middle School, 9 Kala Patiala to the respondent Institute in August, 1979. He worked for about 27 years 5 months and retired in December, 2007. Similarly, Subhash Chander, appellant having requisite qualifications of Prabhakar Shastri, M.A. (Sanskrit), was transferred from Government Senior Secondary School, Patiala in 1990 and have been working there for the last 25 years. It is also not in dispute that the appellants have been teaching to the students in the college.
16.From perusal of the letter issued by the Punjab University, Chandigarh dated 27.6.1965 addressed to the Principal of all the Institutions affiliated with the University JUDGMENT inviting attention to the office circular dated 27.11.1963, it is clear that the decision was taken at the meeting of the syndicate held on 19.10.1963 laying down the minimum qualifications for both the teaching staffs of the affiliated Institutions. It was further decided by the University that those teachers who are confirmed hands and over 40 years of age will be approved on the basis of their long teaching experience etc. even if they do not exactly fulfill the qualification.
17.As noticed above, the appellants have 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 is that one has to clear the State Level Eligibility Test. In our view, that condition will not apply so far the appellants are concerned as because on the date when they were appointed and transferred to the college there was no requirement for having JUDGMENT the qualification of State Level Eligibility Test. The qualification of the candidate is considered at the time of appointment and not after rendering 25 years of service in the college.
18.The submission of the State counsel is that the appellant is only Acharya and, therefore, he can only get the benefit of merger. We are unable to accept the submission made by the learned counsel. Further, the High Court is 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.
19.After giving JUDGMENTour anxious consideration in the matter, we are of the view that in the special facts and circumstances of the present case, the appellants are entitled to get the pay-scale at par with the teachers of the respondent college inasmuch as they have been discharging the same duties and also possessing the required qualification. However, this order will not create a precedent.
20.The appeals are accordingly allowed with no order as to costs.
(M.Y. Eqbal) (C. Nagappan) New Delhi September 01, 2015