C.W.P. No. 6037 of 1989 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 6037 of 1989 Date of Decision: Jan. 14, 2010 S. Sewa Singh ............................................................ Petitioner Versus The State of Punjab and another ...................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Present: Mr. P.S.Goraya, Advocate for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has prayed that directions be issued to the respondents to give him higher scale of pay on the basis of the petitioner's possessing higher qualification. The petitioner joined the Punjab Education Department on 20.12.1976 as Panjabi Teacher and on the date of his joining service, he had already acquired the qualification of B.A. on 7.8.1976. The Punjab Government issued a Circular letter dated 23.7.1957 on the subject of revision of pay of low paid Government servants and as per para 3 of the Circular (Annexure P-1) the Government decided that all teachers according to their qualification should be placed in the following two broad categories:- C.W.P. No. 6037 of 1989 [ 2 ] “3. Teachers in the education department:- It has been decided that all teachers according to their qualifications should be placed in the following two broad categories:- 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 (including J.S.Ts.) GROUP-II: J.S.Ts (including Assistant Mistresses with B.A./Inter-Matric plus JAV training.” Learned counsel submits that as the petitioner was B.A. at the time of his appointment, therefore, his case falls within Category`B' Group- II of Circular letter dated 23.7.1957 issued by the Punjab Government and, thus, he is entitled to the pay scale of Category`B' Group-II.. Learned counsel further submits that similar matter came up for consideration before the Hon'ble Supreme Court of India in Punjab Higher Qualified Teachers Union and others v. State of Punjab and others 1988(1) SLR 768 wherein the Apex Court held as under:- “As a matter of plain construction, we are quite clear in our mind that Graduate Teachers form a class by themselves and cannot be subjected to the further requirement of having JST/JAV training. The words `plus JAV training' clearly qualify the word -Matric' and relate only to Matriculate JBT Teachers.” Learned counsel submits that the petitioner had sent the C.W.P. No. 6037 of 1989 [ 3 ] relevant particulars to the Government in the year 1980 but he has not been given the higher pay scale on the basis of his higher qualification. The aforementioned legal position is not denied by the counsel for the State. In view of the above, the writ petition is allowed and directions are issued to the respondents to give the petitioner higher scale of pay in terms of the judgment in Punjab Higher Qualified Teachers Union's case (supra) with effect from the date of acquiring the higher qualification, which in the present case is from the date of joining of service by the petitioner. 14.1.2010 ( ASHUTOSH MOHUNTA ) Rupi JUDGE