JAGAN NATH Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of certiorari/mandamus or any other order or direction and for quashing the impugned letter dated 11.08.1992 vide which, higher pay-scales already granted to the petitioner in accordance with his qualifications and in pursuance of the judgment of this Court and Hon'ble Apex Court, had been withdrawn. Further writ of mandamus has also been prayed for directing the respondents to restore the pay-scale of the petitioner as the letter dated 11.08.1992 had been quashed by a Division Bench of this Court in CWP No.11517 of 1992 titled Kahan Chand & others Vs. State of Punjab & others decided on 06.11.1992.

(2.) The pleaded case of the petitioner is that the petitioner joined as a vocational teacher in the year 1975 on regular basis after being selected by the duly constituted departmental recruitment committee. The petitioner had qualified his B.A. Part-I examination from Guru Nanak Dev University and since he had acquired the qualification of B.A./Intermediate before 19.02.1979 and was also appointed before the said date, the respondents decided to extend the benefit of the Hon'ble Apex Court judgment dated 23.02.1988 to the non-petitioners. As per memo dated 11.10.1991, it was stipulated that the memo dated 20.09.1979 of the Government would govern the payment of arrears and the same would be limited for a maximum period of 38 months. Accordingly, the said benefit was given to him.

(3.) Respondent No.2 issued memo dated 11.08.1992 vide which the grade granted to the vocational teachers was taken back on the ground that the category of vocational teachers do not fall within the ambit of the letter and respondent No.3, vide letter dated 21.08.1992 (Annexure P-3), directed the Principal, Government Senior Secondary School, Pathankot to withdraw the scale immediately and, accordingly, the same was withdrawn. The said letter was challenged by the vocational teachers in a number of writ petitions bearing CWP Nos.11517, 11519 and 12136 of 1992 which were allowed by the Division Bench of this Court vide order dated 06.11.1992 (Annexure P-2) holding that it was open to the State to raise before the Hon'ble Apex Court that vocational teachers were not covered under any of the groups mentioned in instructions dated 23.07.1957. The petitioner made a number of representations regarding the restoration of the pay-scales, the payment of arrears and the last representation was dated 27.05.1994. The action of the respondents was arbitrary as it was against the principles of natural justice and without any opportunity of hearing and no show cause notice was issued to the petitioner. The said instructions had been quashed in connected case and, therefore, the petitioner was liable to be granted the same relief.