WRIT PETITION 1654 of 1993 on 19 February 1979

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP No. 1654 of 1993 Date of Decision: 31.1.2009.

Kewal Krishan Kala and others

---Petitioners

Vs.

State of Punjab and another

---Respondents

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:-Mr. A.K. Sharma Nabhewala, Advocate for the petitioners.Mr. S.S. Sahu, AAG, Punjab.***

PERMOD KOHLI.J (ORAL)

Petitioners were appointed as J.T./J.B.T Teachers. At the timeof their entry in the service, they were simply matriculates, however,thereafter, they acquired higher qualifications of F.A./Inter. On re-organisation of the State and on merger of State of Pepsu, where, most ofthe petitioners were earlier appointed, J.T. Teachers were adjusted in ahigher grade of Rs. 110-250/- whereas, J.S.T/J.A.V. Teachers wereintegrated into grade of Rs.80-250/- by the State Govt. vide its letter dated23[rd] July, 1957. Some of the J.S.T/J.A.V. Teachers filed writ petitions andone of that writ petitions Mrs. J.K. Pritam and others Vs. State of Punjabreported as 1967 SLR 251 was decided holding that J.S.T./J.A.V. And B.T.Teachers have common cadre and they were entitled to the grade of Rs.110-250. This judgement was followed in some later cases. Accordingly, all theJ.S.T/J.A.V Teachers were given the benefit of the pay scale of Rs. 110-250/-. The State Govt. vide its letter dated 19.2.1979 issued instructions CWP No. 1654 of 1993

that all the teachers working in the State of Punjab shall be entitled to thebenefit of improved qualifications and the benefit of higher scale. On thebasis of these instructions and a judgement of the Hon'ble Division Bench inCivil Writ Petition No. 249 of 1987 decided on 2.8.1988 the benefit ofMaster's grade was given to the teachers who acquired F.A./Inter/T.D.C.Part-I and were placed in pay scale of Rs. 110-250/-. The Hon'ble SupremeCourt also considered the question whether the circular dated 23[rd] July,1957 gives benefit to teachers having Matriculation plus J.B.T or it relatesto higher qualifications. In case reported as 1988 (1) SVLR 12 the Hon'bleSupreme Court observed as under:- “As a matter of plain construction, we are quite clear in ourmind that graduate teachers form a class by themselves and cannot besubjected to the further requirement of having J.S.T./J.A.V. Training. Thewords (Plus JST training clearly qualify the word 'Matric' and relate only aMatriculate J.B.T. Teacher.”

On the basis of the aforesaid judgement, the State Govt. issuednotification dated 13.6.1990 and clarified that in the State of Punjabwhether a teacher was petitioner or non petitioner in the court case, isentitled to the benefit of Master's grade of Rs.110-250/- w.e.f. 31.10.1956.The grievance of the petitioner is that even though the StateGovt. has given the benefit of higher pay scale to the similar situatedpersons but the petitioners have been denied such benefits. The petitionershave accordingly filed this petition seeking direction for their placements inthe higher pay scale of Rs.110-250/- and also seniority on the basis of theirhigher qualifications of F.A./Inter/T.D.C Part-I and have also prayed forarrears. The State-respondents have resisted the claim only on the ground CWP No. 1654 of 1993

that the petitioners were teaching in the primary school and thus they werenot entitled for the benefit of higher pay scale. Although they have admittedthe Govt. notification and various judgements referred to herein above.Respondent-State has also admitted the judgements referred to in thepetition. However, from the judgements referred to above and on the Govt.notification, it appears that no such distinction has been made on the basisof the teaching in primary and high school. The Govt. notification and thejudgements clearly indicate the benefit based upon higher qualifications andnot on account of deployment in primary schools or other schools. Thedistinction sought to be drawn is artificial and illusory.

This petition is accordingly allowed and it is directed that thepetitioners shall be entitled to the benefit of higher grade of Rs. 110-250/-w.e.f 1.11.1956. Petitioner no.1 retired at the time of filing of the petition,whereas, other petitioners must have retired by now. Let the claims of thepetitioners be settled and arrears be paid to them within a period of threemonths from the date certified copy of this judgement is made available tothe competent authority. In the event of retirement, the pensionary andother retiral benefits of the petitioners shall also be redetermined and paidaccordingly within the aforesaid period, with interest @ 6% till the amountis actually paid.

(PERMOD KOHLI) JUDGE