MOHINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner claims pay scale of Rs. 570-1060 i.e. Classical and Vernacular Teachers Cadres Grade from the date she is stated to have passed her Giani examination i.e. Sept. 19,1975 and to release her arrears of pay and other benefits. The brief facts may first be enumerated.

(2.) Petitioner passed her J.B.T. Home Science Course from Government Central Crafts Institute for Women, Chandigarh in 1973. She improved her qualifications and passed Gan-examination in Sept., 1975 from Punjabi University, Patiala. She claims that the diploma course in Junior Basic basher Training (Home Crafts) run at Government Central Crafts Institute for Women, Chandigarh has since already been treated as equivalent to that of J.B.T.of Education Department for the purpose of recruitment for the post of Domestic Science Teachers under the State Government. The Secretary to Government, Punjab Education Department has issued an office or ' r dated May 12,1969 to the aforesaid effect. The fact that the petitioner passed J.B.T. (Home Crafts) from Government Central Crafts Institute for Women, Chandigarh is evidenced vide certificate issued to her on that behalf by the Principal of Government Central Crafts Institute for Women, Union Territory Chandigarh (Annexure P 1). The fact that the petitioner passed her Giani Examination from Punjabi University is also proved vide Annexure P2 certifying that she had passed the said examination in Sept., 1975. The assertions of the petitioner that the Diploma Course in Junior Basic Teacher Training (Home Crafts) run at Government Central Crafts Institute for Women, Chandigarh had since been treated equivalent to that of J.B.T. of Education Department is also proved from the letter written by the Secretary to Government of Punjab to all Heads of Departments (Annexure P3).

(3.) The petitioner had joined as a regular teacher with effect from April 1, 1977 and is governed by the Punjab Educational Service Class III (School Cadre) Rules, 1955 and her work as Domestic Science Teacher is under the control of the respondents. She further claims that as per decision taken by the State of Punjab, teachers working in the Education Department are entitled to the pay scales according to the qualifications possessed by them. At the time of revision of pay scales, the teachers were brought in separate categories known as category A and Category B. Category B was further divided into four groups known as Group I, Group II, Group III and Group IV. These groups are as per the subjects which have been fully narrated at page 3 in paragraph 5 of the petition. Earlier in the year 1957, the State of Punjab issued a circular regarding revision of pay scales of teachers working in the State of Punjab. When the revision of pay scales as evidenced vide letter dated July 23, 1957 was not implemented by the State of Punjab, the teachers possessing .afferent qualifications filed various writ petitions claiming the scales according to the qualifications possessed by them. The J.B.T. teachers who had passed Giani examination as is the qualification of the petitioner also filed a writ petition bearing No. 1810 of 1976 claiming the scale of Classical and Vernacular Teachers and the said petition was decided have Division Bench of this Court wherein directions were issued to the respondent to release the revised pay scale to the petitioners of the said case, admissible to them on the basis of the circular letter of the Government dated July 23,1957 as had been done in the case BA.B.T. teachers. The judgment,-reference of which has been given above, was even implemented and arrears were granted to the petitioners of the said case as also the non-petitioners. It was clarified while implementating the judgment aforesaid that the teachers were to be placed in groups and in so far as Category B is concerned the manner they are be placed according to the qualifications possessed by them. Inasmuch as the petitioner has passed Giani Examination alongwith J.B.T. examination, she claims scale equivalent to Classical and Vernacular Teachers in accordance with the instructions dated Aug. 7, 1985 (Annexure P7). A reading of Annexure P7 and in particular paragraph 6 would reveal that those who had passed the examination of Giani/Prabhakar or Honours in Urdu in addition to their being J.B.Ts/J.Ts/O.'E and who had claimed placement in the grade of Classical and Vernacular Teachers would have fulfilled the qualifications prescribed for category B group and as such would be entitled to the pay scale of 570-1080. The petitioner is stated to have made numerous representations for the grant of pay scales of Rs. 570-1080 which is being paid to other Classical and Vernacular Teachers and even though recommendations were made in her favour by various officers she was denied the relief sought for on Dec. 17,1985.