URMILA RANAWAT Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Claiming to be similarly situated as the J.B.T. Teachers, the petitioners who were Nursery Teachers in Chandigarh filed Civil Writ Petition No. 2405 of 1978 praying for the issuance of a direction to the respondents for release of J.B.T. Teacher grade in their favour. The plea of the petitioners was not accepted and the writ Petition was dismissed vide the judgment impugned in this appeal.

(2.) It is submitted that the Single Judge had not taken note of Annexure P/9 by which the respondents themselves had admitted that the nature of duties of the petitioners and J.B.T. Teachers were the same and that the two kinds of teachers had been treated alike. In his letter dated 27.9.80, the Planning Officer for Director Public Instruction, Chandigarh Administration had specifically stated :-

(3.) When the respondent-authorities had themselves admitted that the petitioners were entitled to alike treatment, there was no justification for the learned Single Judge to have dismissed the writ petition. The plea of the appellants finds support in the judgments in The Employees of Tannery and Footwear Corporation of India Ltd. and another v. Union of India and others, 1991 2 SCT 339 and B.N. Chadrasekhara v. State of Karnataka and another,1980 1 SLR 38. For the foregoing reasons the judgment of the learned single Judge is set aside and a command is issued to the respondents to grant the petitioners the grade of J.B.T. teachers for the period 16.7.1975 to 31.12.1977. The directions issued herein be complied with within a period of two months.