AJIT SINGH DUTTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petns. Nos. 2322, 2472, 2794 of 1980 and C. O. (C. P.) Nos. 193 of 1978; 10, 13, 18, 19, 22, 23 of 1980. These have arisen and brought on our board in the following circumstances:

(2.) FOR the teachers working in the Department of Education, Government of Punjab, three sets of rules regulating the recruitment and the conditions of service of persons appointed thereunder ate operative. These are- (1) The Punjab State Education Class III (School Cadre) Rules, 1955 which are operative with effect from May 30, 1957; (2) The Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961; and (3) The Punjab State Education Class III (School Cadre) Service Rules, 1978.

(3.) IN these matters, principally we are concerned with the first set of Rules namely the Punjab State Education Service Class III (School Cadre) Rules, 1955 (hereafter called the Rules ). The Punjab Government vide a letter dated 23rd July, 1957, which became effective from 1st May, 1957, conferred the right of revised grades on the teachers if they took degrees or diplomas improving their professional qualifications. The letter was on the subject "revision of Scales of Pay of Low Paid Government Servants". The decision was that all teachers according to their qualifications should be placed in the following two broad categories: Category 'a': B. A. /b. Sc. /b. Com. /b. Sc. (Agriculture) and B. T. /diploma in Physical Education/diploma in Senior Basic Training. Category 'b'; Group 1 : Matric with Basic Training (including J. Ts.) Group 2: J. S. Ts. (including Assistant Mistresses) with B. A. /inter/matric and J. A. V. Training. Group 3 :