SHAMSHER SINGH HUKAM SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THE question referred to this Full Bench is: "whether the provisions of clause (3) of Article 15 can be invoked for construing and determining the scope of clause (2) of Article 16 of the constitution, and if so, to what extent and in what kind of cases"?

(2.) SOME material facts giving rise to this reference may first be noted: prior to the 12th of May, 1963, in the united State of Punjab, there were two branches of the Punjab Education Service, Non-gazetted (Class III)School Cadre, in the grade of Rs. 110-8-190/10-250. One was exclusively manned by men and the other by women. The members of both the Branches were either employed on teaching work or on inspection work. By a Memorandum No. 1965-ED-III (2e)-61/8123, dated 21st/27th March, 1961, the Government of Punjab granted special pay equivalent to 25' per cent of basic pay but not exceeding Rs. 50/-per month, to the Women's Branch, who were posted as Assistant district Inspectresses of Schools. Subsequently, (per Memorandum No. 1/49-63-Imp-Cell, dated 9th/10th April. 19g3) the Education department in the field of School-cum-Inspection was reorganised. The assistant District Inspectors and the Assistant District Inspectresses were designated as Block Education Officers and a unified cadre came into existence with effect from May 12, 1963, After the above reorganisation, the Block Education Officers, both males and females,. have to perform identical duties. Their scales and responsibilities are the same. The posts as between male and female Block Education Officers are interchangeable.

(3.) SHAMSHER Singh petitioner, a male Block Education Officer, has moved this court by a petition under Article 226 of the Constitution, alleging that this amounts to discrimination solely on the ground of sex and, as such, is violative of article 16 (2) of the Constitution.