PRABHJOT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has sought a mandate to the respondents to allow her the pay scale of Rs. 170-350 from the date of her appointment as Sewing Mistress and the revised scale of Rs. 570-1080/- with effect from January X, 1978, in this writ petition under Articles 226/227 of the Constitution of India.

(2.) The petitioner was appointed as a Sewing Mistress in the grade of Rs. 125-300 vide order No. Estt-77 (E.2)-24188-94, dated May 31,1977. Respondent No. 1 revised the pay scales of Classical and Vernacular teachers (for short, C and V teachers) from Rs. 125-300 to Rs. 170-350/- (for 70% of posts) and selection grade from Rs. 220-400/-to Rs. 220-430 (for 30% posts) vide order, dated June 14,1971. On receipt of the recommendation of the Pay Commission, respondent No. 1 revised the pay scale of C and V teachers to Rs. 570-1080/- with effect from January 1, 1978. The sewing Mistresses were allowed the revised pay scale of Rs. 480-880/-. Smt. Bakhshish Kaur was appointed as a Sewing Mistress vide order No. Estt-79 (E-I-2)-4397-98, dated August 20,1979. She was allowed the pay scale of Rs. 170-350/- The petitioner says that the sewing Mistress has to be allowed the same scale as allowable to C and V teachers.

(3.) The respondents in their written statement have taken a plea that the Sewing Mistresses are not borne on the Classical and Vernacular Teachers cadre. They are borne on the State cadre, whereas C and V teachers are borne oh district cadre. The pay scale of Sewing Mistresses was revised from Rs. 125-300 to Rs. 480-880/- with effect from January 1, 1978 and the petitioner has been allowed the revised pay scale. Initially, an affidavit was filed by the District Education Officer, Gurdaspur on behalf of the respondents, dated June 22, 1981 stating that Smt. Bakhshish Kaur was appointed on stop-gap arrangement as Sewing Mistress in C and V cadre in the grade of Rs. 170-350/-. The petitioner was appointed in the grade of Rs. 125-300/- and not in tie grade of Rs. 170-350/- and as such, she cannot claim the pay scale allowed to Smt. Bakhshish Kaur.