CWP NO. 2537 OF 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO. 2537 OF 1991 Date of decision: 29th April, 2010 Narain Hari and others .......Petitioners Versus State of Punjab and others .......Respondents Before: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Amar Singh Sandhu, Advocate, for the petitioner. Mr. Manohar Lall Sharma, Addl. A.G.Punjab, for the respondent-State. K.Kannan, J.(Oral) 1. The writ petition seeks for three reliefs, of which the main relief is a direction to the respondents to pay the pay scales according to the qualifications applicable for Giani and Prabhakar, although at the time when the qualifications were acquired they were not working on the posts which required a qualification of Giani and Prabhakar. 2. The petitioners' case was that they were JBT teachers and held the post for JBT teachers and in terms of the decision of the Hon'ble Supreme Court in State of Punjab and another CWP NO. 2537 OF 1991 -2- versus Kirpal Singh Bhatia and others reported in 1975 (2) SLR 621 and Labh Singh Garcha Teacher versus State of Punjab and others reported in 1976 SLWR 476 and the judgment of this Court in Beena Sharma and others versus The State of Punjab and another in CWP No. 10836 of 1989, the petitioners have also sought for quashing of the order issued by the State of Punjab on 26.07.1990, withdrawing the benefit of pay according to the qualifications granted to the teachers who had been granted the pay scales as admissible to Hindi/Punjabi/Sanskrit teachers in view of the higher qualifications under 1957 instructions and the recovery of the amount paid to the teachers sought to be made for the payments already made to them. 3. The petitioner Narain Hari son of Gondi Ram has filed an affidavit to the effect that all the petitioners acquired higher qualification prior to 19.02.1979. As held in the aforesaid CWP No. 10836 of 1989 (supra), the writ petition is allowed in terms of the decisions referred to above and the petitioners will be entitled to obtain proper revision of the pay scales in terms of the aforesaid decision. 4. In view of the above, the writ petition is allowed. No cost. [K.KANNAN] JUDGE 29th April, 2010 Shivani Kaushik