STATE OF PUNJAB Vs. JOGINDER STNGH

JUDGEMENT

(1.) This is an appeal by Special Leave against the judgment of the High Court of Punjab dated October 3, 1961. That judgment was rendered in a petition under Art. 226 of the Constitution filed by the respondent - Joginder Singh and by their order allowing the said petition in part, the learned Judges struck down R. 2 (d) and (e) and a part of R. 3 of the Punjab Educational Service (Provincialised Cadre) Class III Rules 1961,which for convenience we shall call the impugned rules, on the ground that those clauses were violative of the rights guaranteed by Art. 14 and Art. 16 (1) of the Constitution.

(2.) Certain facts have to be stated in order to appreciate both the manner in which the question was raised as well as the decision of the learned Judges now under appeal.

(3.) The respondent was before the 1st October 1957 working as a "Junior vernacular teacher" in a District Board High School in District Hoshiarpur. The points in controversy in this appeal turn on the precise changes which were effected in the status and conditions of service of teachers like the respondent employed in District Board and Municipal Board Schools by certain executive instructions issued by the Punjab Government in September, 1957 to take effect from October 1, 1957, by reason of which these teachers became State employees but before proceeding to the details of these changes, it would be convenient to set out the position and conditions of service of teachers employed in State schools which prevailed on that date.