KANWALJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner who joined service of the Government of Punjab on her appointment as J.B.T. Teacher, has prayed for issue of a mandamus for grant of pay scale of Rs.1640-2925.00 with effect from the date of her appointment on the basis of higher qualification possession by her.

(2.) The claim of the petitioner for grant of higher pay scale is founded on the fact that she was appointed as J.B.T. Teacher in the pay scale of Rs.480-830.00 with effect from 2.5.1988 and at that time, the petitioner possessed qualification of having passed Giani examination froth the Punjab University, Chandigarh. The Government of Punjab revised the pay scales of its employees w.e.f. 1.1.1986 by enacting the Punjab Civil Services (Revised Pay Scales) Rules, 1988. Under these rules, the pay scale of the J.B.T. Teachers was revised to Rs.1200-2100.00 w.e.f. 1.1.1986. Accordingly, the petitioner's pay was fixed in the said grade with effect from the date of her appointment i.e. May 2, 1988. The petitioner has claimed that as per the policy instructions issued by the Government vide circular dated 23.7.1957, she has a right to be given higher pay scale on the basis of her qualification of Giani. The petitioner has relied on the judgments of the Supreme Court in State of Punjab Vs. Kirpal Singh Bhatia, 1975(2) S.L.R. 621 ; in Chaman Lal Vs. State of Haryana, AIR 1987 S.C. 1621 and of this Court in Labh Singh Garcha Vs. State of Punjab, 1976 S.W.L.R. 426, in Niranjan Singh Vs. State of Punjab, 1988(4) S.L.R. 203 and in Joga Singh and others Vs. State of Punjab and others, C.W.P. No. 11996 of 1989, decided on 13.10.1993.

(3.) The respondents have contested the writ petition by stating that the circular dated 23.7.1957 cannot be invoked by the teachers like the petitioner who was appointed in the Government service in the year 1988 because by that time, the policy instructions issued on 23.7.1957 had virtually been superseded by the subsequent instructions issued on 19.2.1979 and in any case, after the promulgation of the 1988 Rules, the benefit of higher grade cannot be claimed only on the basis of acquisition of higher qualifications. Objection of delay and laches has also been raised by the respondents.