DR. K. M. SHARMA & ORS.versusTHE STATE OF CHHATTISGARH & ORS.

718                      [2022]REPORTS
               SUPREME COURT    4 S.C.R. 718              [2022] 4 S.C.R.


A                        DR. K. M. SHARMA & ORS.
                                       v.
                  THE STATE OF CHHATTISGARH & ORS.
                        (Civil Appeal No. 3030 of 2022)
B                                MAY 20, 2022
              [M. R. SHAH AND B. V. NAGARATHNA, JJ.]
            Service Law: Pay scale – Entitlement to – Principle of equal
      pay for equal work – Appellants appointed as Shikha Karmis under
      the 1998 Rules, claiming parity in pay scales with that of the
C
      employees of the Municipality/Municipal teachers appointed under
      the 1968 Rules – Held: Shiksha Karmis and Municipal Teachers
      are appointed under different rules and there are different methods
      of selection and recruitment, thus, parity in pay scale cannot be
      claimed – Shiksha Karmis, governed by the 1998 Rules entitled to
D     pay-scales under the 1998 Rules only – Chhattisgarh Municipalities
      Shiksha Karmis (Recruitment and Conditions of Service) Rules,
      1998 – Municipal Employees (Recruitment and Conditions of
      Service) Rules, 1968.
            Dismissing the appeal, the Court
E           HELD: On a fair reading of Rule 7 of the Chhattisgarh
      Municipalities Shiksha Karmis (Recruitment and Conditions of
      Service) Rules, 1998, it is clear that on completion of the probation
      period, the Shiksha Karmis shall be confirmed as Shiksha Karmis
      only and they shall be put in the regular pay-scale of the
F     Municipality as Shiksha Karmis and not as the Municipal teachers.
      Municipal teachers are appointed under the Municipal
      Employees (Recruitment and Conditions of Service) Rules, 1968.
      As per Rule 4 of the 1998 Rules, Shiksha Karmis shall have to
      be paid the scales of pay as given in the Schedule I to the said
      Rules. The respective Shiksha Karmis are paid the pay-scales
G     as per Schedule I of Rule 4. Therefore, when the Municipal
      teachers and the Shiksha Karmis are appointed under different
      Rules and there are different methods of selection and
      recruitment, a Shiksha Karmi cannot claim parity in pay-scale
      with that of Municipal teachers on the principle of equal pay for
H     equal work. Thus, Shiksha Karmis, who are governed by the
                                         718
          DR. K. M. SHARMA & ORS. v. THE STATE OF                                719
                    CHHATTISGARH & ORS.

Shiksha Karmis Rules, 1998 under which they were appointed,                      A
are entitled to pay-scales under the Shiksha Karmis Rules, 1998
only, which are being paid to them. There is no error committed
either by the Single Judge or by the Division Bench of the High
Court in refusing to grant the pay-scales of Municipal teachers
to the appellants. [Paras 7 and 8][723-G-H; 724-A-C]
                                                                                 B
       State of Haryana and Ors. v. Charanjit Singh and Ors.
       (2006) 9 SCC 321 : [2005] 4 Suppl. SCR 57 – referred
       to.
                          Case Law Reference
[2005] 4 Suppl. SCR 57                referred to               Para 4.5         C

      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3030
of 2022.
      From the Judgment and Order dated 01.12.2015 of the High Court
of Chhattisgarh at Bilaspur in Writ Appeal No. 538 of 2015.                      D
       Kaustubh Shukla, Ms. Nancy Shamith, V. Purushodhaman Reddy,
Ms. Isra Vatsa, Abhay Singh, Ms. Ankita Agarwal, Lakshmeesh Kamath,
Ms. Samriti Ahuja, Advs. for the Appellants.
      Sumeer Sodhi, Arjun Nanda, Ms. Tanya Verma, Vikrant Singh
Bais, Rakesh Shruti, Yogesh Tiwari, Advs. for the Respondents.                   E
       The Judgment of the Court was delivered by
       M. R. SHAH, J.
       1. Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court of Chhattisgarh at Bilaspur in Writ           F
Appeal No. 538 of 2015 by which the High Court has dismissed the said
appeal and has not interfered with the judgment and order passed by the
learned Single Judge dismissing the writ petition in which the appellants
– original writ petitioners prayed for grant of equal pay-scale as admissible
to teachers appointed in the Municipal services under the Municipal
Employees (Recruitment and Conditions of Service) Rules, 1968                    G
(hereinafter referred to as “Rules, 1968”), the original writ petitioners –
Shiksha Karmis have preferred the present appeal.
      2. At the outset, it is required to be noted that respective petitioners
were appointed as Shikha Karmis under the Chhattisgarh Municipalities
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720             SUPREME COURT REPORTS                            [2022] 4 S.C.R.


A     Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998
      (hereinafter referred to the “Shiksha Karmis Rules, 1998”). The Shiksha
      Karmis Rules, 1998 were subsequently substituted by the Chhattisgarh
      Shiksha (Nagriya Nikay) Samvarg (Bharti Tatha Sewa Ki Sharte) Niyam,
      2013. That the original writ petitioners submitted representations praying
      for grant of equal pay-scale as admissible to teachers appointed in
B
      Municipal services, which came to be rejected. The respective appellants
      filed the writ petition before the High Court. The Learned Single Judge
      dismissed the said writ petition. The appellants - original writ petitioners
      preferred writ appeal before the Division Bench of the High Court. By
      the impugned judgment and order, the Division Bench of the High Court
C     has dismissed the said appeal, hence the present appeal has been filed
      by the appellants – original writ petitioners – Shiksha Karmis.
             3. Learned counsel appearing on behalf of the appellants – original
      writ petitioners has submitted that the respective appellants are serving
      as teachers. That they are the persons, who were appointed in the year
D     1998 under the Shiksha Karmis Rules, 1998 to teach in the schools under
      the control of the respondent Municipality. It is submitted that they are
      not the persons whose nature of appointment was ever in the form and
      manner of contract employees.
             3.1 It is submitted that as per Rule 7 of the Shiksha Karmis Rules,
E     1998, the probation period for a Shiksha Karmi would be for 3 to 5
      years. That after the probation period is over and the respective Shiksha
      Karmis are confirmed as per Rule 7, they are entitled to “regular pay-
      scale” as applicable to Municipality teachers from the date of
      appointment. It is submitted that in the present case, the respective Shiksha
      Karmis were appointed under Rule 5 and were confirmed in the year
F     2001 after completion of their probation period. It is contended that
      therefore, they are entitled to the “regular pay-scale”, which is being
      paid to the Municipality Teachers, as per the mandate of Rule 7 of the
      Shiksha Karmis Rules, 1998.
              3.2 It is urged by learned counsel appearing on behalf of the
G     appellants that though the Shiksha Karmis and the teachers appointed
      by the Municipality under the Rules, 1968 are performing the same/
      similar duties, as per the 7th Pay Commission recommendation, they are
      put in the pay-scale of Rs.9300-34800/- for Grade I Class 9 to 12, against
      which the Municipality teachers are given 3% increment every year on
H     the pay-scale of Rs.9300-34800/-.
          DR. K. M. SHARMA & ORS. v. THE STATE OF                               721
           CHHATTISGARH & ORS. [M. R. SHAH, J.]

      It is submitted that the Municipality teachers are also getting HRA/      A
DA/SA/Medical/Old Pension Scheme/GPF/Ex-Gratia/Every 10 Year
Promotion. However, so far as the Shiksha Karmis are concerned, no
such benefits are given to them. It is submitted that when the Shiksha
Karmis are performing the same kind of work; teaching the similar class;
having similar educational qualification; similar syllabus; similar Education
                                                                                B
Board and under the same controlling authority, not being paid the same
pay-scale as being paid to the teachers of the Municipality is
discriminatory and violative of Article 14 of the Constitution of India.
      3.3 Relying upon Rule 11 of the Shiksha Karmis Rules, 1998, it is
further submitted that as conditions of services of Shiksha Karmis are
the same as applicable to other employees of the Municipality therefore,        C
the Shiksha Karmis are also entitled to the same pay-scale which is
admissible to the other employees of the Municipality/Municipal teachers.
       3.4 Making the above submissions, it is prayed that the appellants
are entitled to the same pay-scale, which is made available to the teachers
of the Municipality.                                                            D

        4. While opposing the present appeal, learned counsel appearing
on behalf of the respondents have vehemently submitted that the
appellants are appointed as Shiksha Karmis under the Shiksha Karmis
Rules, 1998 and therefore, they are being governed under the said Rules.
It is submitted that so far as the teachers working in the Municipalities       E
are concerned, they are appointed under the Rules, 1968 and therefore
they are governed by the Rules, 1968. It is submitted that the appellants
are being paid the pay-scales as provided under Rule 4 of the Shiksha
Karmis Rules, 1998.
      4.1 It is contended that submission on behalf of the appellants -         F
original writ petitioners that on completion of the probation period as
provided under Rule 7, they are entitled to the pay-scale as available to
the Municipality teachers is concerned, the same is on a mis-reading
and/or mis-interpretation of Rule 7. It is submitted that on completion of
the probation period, their services are confirmed as Shiksha Karmis            G
only and not as Municipal teachers.
      4.2 It is urged that the pay-scales of Shiksha Karmis have been
prescribed under Rule 4 of the Shiksha Karmis Rules, 1998 and they are
being paid by the Municipality as per the pay-scales provided under
Schedule I of the said Rules.
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722            SUPREME COURT REPORTS                          [2022] 4 S.C.R.


A            4.3 It is submitted that so far as reliance being placed upon Rule
      11 of the Shiksha Karmis Rules, 1998 is concerned, Rule 11 is only with
      respect to general conditions of services other than those mentioned in
      the Rules. It is submitted that Rule 11 of the Shiksha Karmis Rules, 1998
      clearly states that conditions of services other than those mentioned in
      the said Rules will be the same as applicable to the other employees of
B
      the Municipality. That other conditions of service as per Rule 11 means
      that the Shiksha Karmis will have parity with regard to leave, age,
      superannuation, provident fund, disciplinary enquiry, etc., which are
      otherwise not defined under the Shiksha Karmis Rules, 1998.
            4.4 Now, so far as the contention on behalf of the appellants that
C     they are entitled to the pay-scales, which may be available to the
      Municipal teachers on the principle of equal pay for equal work is
      concerned, it is submitted that the Shiksha Karmis and the Municipal
      teachers are appointed under different Rules and there are different
      methods of selection and recruitment so far as the appointment of Shiksha
D     Karmis and Municipal Teachers are concerned.
             4.5 Relying upon the decision of this Court in the case of State of
      Haryana and Ors. Vs. Charanjit Singh and Ors., (2006) 9 SCC
      321, it is submitted that as the Shiksha Karmis and the Municipal
      Teachers are appointed under different Rules and there are different
E     methods of selection and recruitment, the appellants / Shiksha Karmis
      are not entitled to the pay-scale as admissible to the Municipal teachers,
      as they are appointed under different Rules.
            4.6 Making the above submissions, it is prayed to dismiss the
      present appeal.
F            5. We have heard the learned counsel appearing for the respective
      parties at length.
             6. The respective appellants, who are/were serving as Shiksha
      Karmis are claiming parity in the pay-scale with that of the employees
      of the Municipality/Municipal teachers. However, it is to be noted that
G     Shiksha Karmis are appointed under different Rules namely, Shiksha
      Karmis Rules, 1998 and the Municipal teachers are appointed under
      different Rules namely, the Rules, 1968. Therefore, all Shiksha Karmis
      appointed under the Shiksha Karmis Rules, 1998 shall be governed by
      the provisions of the said Rules, 1998. Rules, 4, 7 and 11, which are
      relevant for our purpose are extracted as under:-
H
         DR. K. M. SHARMA & ORS. v. THE STATE OF                             723
          CHHATTISGARH & ORS. [M. R. SHAH, J.]

      “4. Classification and Pay Scale- Classification of Shiksha            A
      Karmis and their scales of pay shall be as given in the Schedule I.
      Number of posts shall not be increased except with the prior
      approval of the Government or an Officer duly authorised by the
      Government.
                              X X X X                                        B
      7. Probation - Every person directly recruited to the post of
      Shiksha Karmi shall be initially appointed on probation of three
      years, extendable up to five years for a particular school so that
      the Shiksha Karmis serves in that school for full probation period.
      The performance will be assessed by the appointing authority at        C
      the end of each year. After three years, the Shiksha Karmi may
      be appointed in the regular pay-scale of the Municipality on the
      basis of his work, conduct and performance. In case the
      performance is not found satisfactory, he may be allowed to
      continue on the probation for another one to two years to improve
      after which his performance will be assessed again at the end of       D
      extended period and if not found satisfactory his services shall be
      terminated. But in no case the probationary period shall be extended
      beyond that maximum period of five years. Shiksha Karmi will be
      paid fixed pay equivalent to minimum of the pay scale with
      admissible dearness allowance during the probation period.             E
                              X X X X
      11. General conditions of Service- Conditions of service other
      than mentioned above, shall be the same as applicable to the other
      employees of the Municipality.”
                                                                             F
      7. Heavy reliance is placed on Rule 7 and it is the case on behalf
of the appellants that after completion of the probation period as
mentioned in Rule 7, Shiksha Karmis will have to be paid the pay
equivalent to the pay-scale of the Municipal teachers. The aforesaid
submission has no substance. On a fair reading of Rule 7, it is clear that
on completion of the probation period, the Shiksha Karmis shall be           G
confirmed as Shiksha Karmis only and they shall be put in the regular
pay-scale of the Municipality as Shiksha Karmis and not as the Municipal
teachers. As observed hereinabove, Municipal teachers are appointed
under the Rules, 1968. As per Rule 4 of the Shiksha Karmis Rules, 1998,
Shiksha Karmis shall have to be paid the scales of pay as given in the
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724              SUPREME COURT REPORTS                       [2022] 4 S.C.R.


A     Schedule I to the aforesaid Rules. The respective Shiksha Karmis are
      paid the pay-scales as per Schedule I of Rule 4. Therefore, when the
      Municipal teachers and the Shiksha Karmis are appointed under different
      Rules and there are different methods of selection and recruitment, a
      Shiksha Karmi cannot claim parity in pay-scale with that of Municipal
      teachers on the principle of equal pay for equal work. Therefore, it is
B
      observed and held that Shiksha Karmis, who are governed by the Shiksha
      Karmis Rules, 1998 under which they were appointed, are entitled to
      pay-scales under the Shiksha Karmis Rules, 1998 only, which are being
      paid to them.
             8. In view of the above, no error has been committed either by
C     the learned Single Judge or by the Division Bench in refusing to grant
      the pay-scales of Municipal teachers to the appellants herein being
      Shiksha Karmis. We are in complete agreement with the view taken by
      the High Court.
             9. In view of the above discussion and for the reasons stated
D     above, present appeal fails and the same deserves to be dismissed and is
      accordingly dismissed. However, in the facts and circumstances of the
      case, there shall be no order as to costs.

      Nidhi Jain                                               Appeal dismissed.
E     (Assisted by : Shashwat Jain, LCRA)




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