BAIJ NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The appellants approached the High Court of Punjab and Haryana seeking a direction on the respondents, which were the State of Punjab and the Director of Public Instructions (Schools), to pay them according to the scale meant for Lecturers, on their acquiring post graduate qualification. In terms of Government letter No. 5058-FE-II-57/5600 dated 23-7-1957 read with Government letter No. 8937-5 ED-II-79/2659 dated 20-9-1979. The Division Bench of the High Court has denied the prayer. Hence this appeal under Article 136 of the Constitution.

(3.) The Government letter of 23-7-1957 is on the subject of revision of scales of pay of low paid Government servants. So far as the teachers in Education Department are concerned, they have been dealt in Para 3 and it speaks about the decision of the Government to place all teachers according to their qualifications in two broad categories:A and B. As to category A, whose educational qualification is mainly graduation in different disciplines, it has been stated that they would get a scale (Rs.110-250) with higher start for M.A. or M.Sc. This Court had occasion to lay down the purport of this letter in State of Punjab v. Kirpal Singh, (1976) 1 SCR 529, Ray. CJ., speaking for a three Judge Bench stated that this did visualise a mass increase of scale of pay. The contention of the State counsel that the letter only meant that a teacher who passed graduate examination would be entitled to be appointed as Master, and on being so appointed he would be entitled to the scale of pay, was not accepted. It was stated that the teachers who possessed degrees became entitled to scales of pay according to Category A.