C.W.P. No. 4590 of 1994 [ Page numbers ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 4590 of 1994 Date of Decision: Sept. 8,2011 Rajesh Kumar Vasudeva and others ............. Petitioners Versus The State of Punjab and others ................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: None for the petitioner. Mr. Praveen Chander Goyal, Addl. A.G. Punjab. ... RITU BAHRI, J. (Oral) The petitioners are working as JBT Teachers in various Government Primary Schools in Hoshiarpur and Ropar district in Punjab Education Department. Apart from the eligibility qualifications the petitioners have acquired higher qualification of Giani, Prabhakar/B.A. etc. Vide letter dated 23.7.1957 the State of Punjab revised the pay scale of Teachers (Annexure P2). Teachers were to be given pay scales according to the qualifications possessed by them C.W.P. No. 4590 of 1994 [ Page numbers ] irrespective of the posts they are holding. For implementing these instructions dated 23.7.1957 some of the Teachers filed C.W.P. No. 4515 of 1986 which was allowed by this Court. Subsequently, the State went in SLP which was dismissed which upheld the decision of this Court reported as 1975 (2) S.L.R. 621. On 19.2.1979, the State of Punjab issued a letter directing the Director of Public Instructions that Teachers working in the Education Department who have improved their qualifications before the issue of this letter may be allowed the benefit of higher scales of pay on the basis of their qualifications (Annexure P3). Civil Writ Petition No. 1810 of 1976 was allowed by this Court on 20.7.1976 giving directions to release the revised pay scale on the basis of instructions dated 23.7.1957. This judgment was upheld by the Supreme Court on 7.8.1978. Thereafter, Teachers possessing the qualifications of B.A Part-I, II and III filed writ petitions in the High Court. When the matter went to Supreme Court whereby the Teachers possess the qualifications of BA/FA should also be granted higher pay scale according to the qualifications possessed by them. A Circular was issued by the State of Punjab on 7.8.1985 (Annexure P4) to give higher pay scale to the Teachers according to the qualifications possessed by them irrespective of the posts they are holding. Subsequently, a Full Bench of this Court in C.W.P. No. 484 of 1986 (Om C.W.P. No. 4590 of 1994 [ Page numbers ] Parkash Arya etc. v. State of Haryana and another) has categorized the Teachers in the Education Department into two distinct categories namely Category 'A' and Category 'B'. Qualification of Teachers in both the categories is as under:- CATEGORY 'A' B.A/B.Sc./B.Com/B.Sc. (Agriculture) and B.T./ Diploma in Physical Education/Diploma in Senior Basic Training. CATEGORY 'B' Group I : Matric with Basic Training qualification Junior Teacher. Group II : Junior School Teacher (including Assistant Mistress with B.A./Inter/Matric plus J.A.V. Training). Directions were given to the State to pay higher pay scales from the respective date of their acquiring the higher qualifications. A Division Bench of this Court in C.W.P. No. 242 of 1987 decided on 2.8.1988 held that Teachers possessing qualification of intermediate school were also entitled to be placed in Group II of Category 'B' from the date they acquire the intermediate qualification and accordingly they are entitled to higher scale of pay (Annexure P6). In the reply filed by the State, reference has been C.W.P. No. 4590 of 1994 [ Page numbers ] made to instructions issued by the Punjab Government (Annexure R1) dated 11.10.1991 whereby the JBT Teachers who were appointed on adhoc basis on or before 19.2.1979 and their services were regularized after 19.2.1979 were to be granted the benefit of higher grade. As per the written statement, petitioners No. 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17 and 18 are covered under the instructions dated 11.10.1991. Since the claim of the aforesaid petitioners has been accepted by the State, the writ petition qua them is allowed. As far as claim of petitioners No. 5, 9 and 19 is concerned, they were appointed on adhoc basis after 19.2.1979 and thus not covered under the instructions issued by the State of Punjab-Annexure R1, therefore, writ petition qua petitioners No. 5, 9 and 19 is dismissed. 8.9.2011 ( RITU BAHRI ) Rupi JUDGE