SARJIWAN KANTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners claim to be teachers working in different Primary Schools in District Jalandhar. They pray for the issue of a writ in the nature of "mandamus directing the respondents to grant..... the higher scale of pay in accordance with the qualifications possessed by them in view of the instructions issued by the State of Punjab from time to time....." The petitioners aver that they were appointed as JBT teachers on ad hoc basis prior to February 19, 1979. Later on, their services were regularised. They had acquired the higher qualifications of Prabhakar/Gyani etc. before February 1979. In view of the instructions dated July 23, 1957, the petitioners claim that they were entitled to a higher scale of pay.

(2.) The averments in the petition are wholly vague. Neither the date of appointment to the posts of JBT teachers nor the year of acquisition of qualifications has been disclosed. The petitioners have also not disclosed the pay scale in which they were appointed or are now drawing pay. They have also not specified the scale which is claimed. Further, it has not been shown that any representation was ever made to the respondents. It is well settled that there should be a demand and a denial before a mandamus can be claimed or issued. In this situation, there is no alternative except to direct the petitioners to make a representation, if so advised, to the appropriate authority. If such a representation is submitted, the concerned authority shall examine and decide the petitioners' claim in accordance with the instructions issued by the Department from time to time and the judgments of this Court, within six months from the date of its receipt.

(3.) The writ petition is disposed of in the above terms.