YASHODA NANDAN Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal is being disposed of at the motion hearing.

(2.) After hearing counsel for the parties and going through the judgment of this Court in Civil Writ Petition No. 3595 of 1973 Satya Pal Sharma v. the State of Punjab and ors., decided on February 5, 1982 by A.S. Bains, J. it is noticed that the same covers the case in hand completely. The claim of the appellant is that when he joined the service with the respondent, he was possessing qualifications of M.A. B.Ed., and according to the decision of the High Court, aforesaid, he was to be placed in the higher pay scale of Rs. 170-350 with five advance increments on account of higher qualification. The suit was contested by the defendants inter alia alleging that the plaintiff accepted the lower grade at the time of joining and cannot take any benefit of Satya Pal Sharma's case. The trial Court dismissed the suit and the Appellate Court also dismissed the appeal filed by the plaintiff.

(3.) In Satya Pal Sharma's case it was specifically held that a person possessing higher qualifications i.e. B.A. B.Ed. and M.A. Hindi could not be denied the said grade if his initial appointment was made as language/classical or vernacular teacher and when he was teaching the same subject in which he had obtained the degree. The contention of the Government Pleader is only that O.T. (Oriental Training) in Sanskrit was not taken by the plaintiff and he could not be given the higher grade. The contention, in view of the decision in Satya Pal Sharma's case, cannot be accepted as the plaintiff is M.A. in Sanskrit and is also to teach Sanskrit as a subject. Thus, from the date of his appointment, he would be entitled to be placed in the grade aforesaid with five advance increments as per decision of the Government.