ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who are working as Masters in the Punjab Education Department, through the present writ petition have sought a direction to the respondent-State to grant them higher start in terms of the executive instructions issued vide their letter No. 5058-FR-II-57/5600, dated July 23, 1957 (Annexure P-1), whereby those persons, who were third division and second division M.A./M.Sc./M.Ed. were entitled to higher start of two increments and three increments respectively. By later instructions issued vide letter No. 9/9/79-FR(2) 143 dated February 19, 1979, the Punjab Government sought to clarify their intention and expressly stated therein that such persons as had acquired the higher qualification of the kind after February 19, 1979, if already in service or appointed on February 1979, or thereafter, and possessed the given higher qualification, would not be entitled to higher start of the kind - they would not only be entitled to the pay of the given category of the post.

(2.) Petitioners herein are admittedly those who were already in service and had acquired higher qualification after February 19, 1979, or had joined service after February 19, 1979, and possessed the given higher qualification.

(3.) The petitioners have based their claim on certain decisions of this Court, as also of the Supreme Court, whereby teachers and Masters possessing higher qualification, whether acquired at the start of their employment or had acquired such qualification thereafter but admittedly before February 19, 1979, were held entitled to the initial increments in view of the executive instructions of 1957.