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 time of 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 of the petitioners were earlier appointed, J.T. Teachers were adjusted in a higher grade of Rs. 110-250/- whereas, J.S.T/J.A.V. Teachers were integrated into grade of Rs.80-250/- by the State Govt. vide its letter dated 23rd July, 1957. Some of the J.S.T/J.A.V. Teachers filed writ petitions and one of that writ petitions Mrs. J.K. Pritam and others Vs. State of Punjab reported 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 the J.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 -2- that all the teachers working in the State of Punjab shall be entitled to the benefit of improved qualifications and the benefit of higher scale. On the basis of these instructions and a judgement of the Hon'ble Division Bench in Civil Writ Petition No. 249 of 1987 decided on 2.8.1988 the benefit of Master'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 Supreme Court also considered the question whether the circular dated 23rd July, 1957 gives benefit to teachers having Matriculation plus J.B.T or it relates to higher qualifications. In case reported as 1988 (1) SVLR 12 the Hon'ble Supreme Court observed 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 J.S.T./J.A.V. Training. The words (Plus JST training clearly qualify the word 'Matric' and relate only a Matriculate J.B.T. Teacher.” On the basis of the aforesaid judgement, the State Govt. issued notification dated 13.6.1990 and clarified that in the State of Punjab whether a teacher was petitioner or non petitioner in the court case, is entitled 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 State Govt. has given the benefit of higher pay scale to the similar situated persons but the petitioners have been denied such benefits. The petitioners have accordingly filed this petition seeking direction for their placements in the higher pay scale of Rs.110-250/- and also seniority on the basis of their higher qualifications of F.A./Inter/T.D.C Part-I and have also prayed for arrears. The State-respondents have resisted the claim only on the ground CWP No. 1654 of 1993 -3- that the petitioners were teaching in the primary school and thus they were not entitled for the benefit of higher pay scale. Although they have admitted the Govt. notification and various judgements referred to herein above. Respondent-State has also admitted the judgements referred to in the petition. However, from the judgements referred to above and on the Govt. notification, it appears that no such distinction has been made on the basis of the teaching in primary and high school. The Govt. notification and the judgements clearly indicate the benefit based upon higher qualifications and not on account of deployment in primary schools or other schools. The distinction sought to be drawn is artificial and illusory. This petition is accordingly allowed and it is directed that the petitioners 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 the petitioners be settled and arrears be paid to them within a period of three months from the date certified copy of this judgement is made available to the competent authority. In the event of retirement, the pensionary and other retiral benefits of the petitioners shall also be redetermined and paid accordingly within the aforesaid period, with interest @ 6% till the amount is actually paid. (PERMOD KOHLI) JUDGE 31.1.2009 lucky