HARBANS LAL AMAR CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of three connected writ petitions (Civil Writs Nos. 1985, 1987 and 2241 of 1964) under Articles 226 and 227 of the Constitution, which are directed against the order D/- 31-8-1962/4-9-1962 passed by the Director of public Instruction, Punjab, respondent No. 2.

(2.) ACCORDING to the petitioners, they were teachers in the Government Primary schools in the erstwhile Pepsu State. They joined the Government service in the education Department in years 1946-1947. After qualifying in the Junior vernacular/j. T. Examinations in the years 1950-53, they were given the grade of rs. 50-100 with effect from 15-9-1953 and their seniority in the said grade was finally fixed by the erstwhile Pepsu Government. The Pepsu State was merged in the Punjab State on 1-11-58. Their grade was subsequently revised to Rs. 60-120 with effect from 1-5-1957. They were further promoted to the grade of Rs. 120175 with effect from 1-3-1959. These promotions were given in accordance with their relative seniority in the service. This seniority had been correctly fixed by the pepsu Government in view of their total strength of service in the Department, the dates of passing of the Junior Vernacular/ J. T. Examinations and the dates of their being placed in the grade of Rs. 50-100. In 1962 the seniority list of a number of j. B T. Teachers of Patiala Division was changed, which adversely affected the petitioners. In consequence of this change, the petitioners were reverted to the grade of Rs. 60-120 by the impugned order D/- 31-8-1962/4-9-1962. This reversion was with retrospective effect from 1-3-1959. It was also directed that the excess amount drawn by the petitioners, that is, the difference in the salary in the grade of Rs. 120-175, which they had drawn over three years, and the salary of the lower grade of Rs. 60-120 be recovered from them. Thereafter, the petitioners filed appeals before the Education Minister and the same had not been disposed of so far in spite of repeated reminders. The Department was, however, taking steps to effect the recovery of excess amount of pay from them. This led to the filing of the present writ petitions. In the return filed by the Director of Public Instruction, Punjab, it is stated that no final seniority list of J V. /j. T, Teachers (Men) was inherited from the erstwhile pepsu State at the time of the merger of States on 1-11-1956. Consequently, the question of final fixation of seniority did not arise. The promotion of the petitioners to the grade of Rs. 120-175 was provisional, subject to the condition that --

(3.) THAT if it was held that Respondent No. 2 had unlimited jurisdiction, even then he could not lay down different principles for fixing the seniority, which amounted to discrimination and his order would, therefore, be hit by the provisions of Article 16 of the Constitution. Learned counsel submitted that at the time when the petitioners were awarded the grade of Rs. 50-100 with effect from 15-9-1953, in the said order of the Director of Public Instruction, Pepsu, it was mentioned that disciplinary action, would be taken against those petitioners who joined late The petitioners immediately on receipt of these orders joined their respective posts. The following teachers, who though joined late, were not reverted by the impugned order dated 31-8-1962/4-9-1962 and had been shown senior to the petitioners :--