TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the petitioner who is working as Vocational Teacher in Punjab Education Department, is seeking a direction to the respondent-State to grant him the pay scale as admissible to J.S.T. Masters from the date he acquired the qualification of Prabhakar which is higher than the requisite qualification prescribed for the post of Primary Teacher.,

(2.) The learned Counsel for the petitioner contends that in view of the Government instructions contained in Circular Letter dated 23.7.1957, a copy of which is Annexure P-2 to the writ petition, which envisaged that the Teachers working in the Education Department are entitled to I he pay scales according to their qualifications possessed by them irrespective of the post they are holding, the petitioner is entitled to the pay scale as per his qualification. The learned counsel further contends that now the matter is squarely covered by this Court's decision in Nasib Kaur etc. vs. State of Punjab, 1988 4 SLR 301, Rajinder Kumari vs. State of Punjab,1988 4 SLR 297 and the Supreme Court's decision rendered in Punjab Higher Qualified Teachers Union (non-petitioners) and others vs. State of Punjab and others,1988 1 SLR 12.

(3.) The learned counsel for the Stale contends that the Punjab Government in view of the ratio of Supreme Court decision had decided vide its letter dated 13.6.1990 to make payment of arrears on account of J.S.T. grade to the petitioner and other similarly situated non-petitioners for 38 months prior to the issuance of Government instructions dated 19.2.1979. In order to avoid discrimination, the arrears have been paid to avoid discrimination, the arrears have been paid to all the Teachers including the petitioner/non-petitioners who have improved their qualifications.