PAUL SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as an Instructor in Physics and Chemistry in the Punjab Development and Panchayats Department on July 30, 1966. The post of Instructor was in the scale of Rs. 220-500. The petitioner continued to work as such till March 31, 1969. It appears that he was rendered surplus in the Panchayat Department. Consequently, on April 1, 1969, the petitioner was absorbed as a Science Master in the Education Department. He was given a fixed salary of Rs. 220/-. He continued to work on this salary till August 6, 1974 when he was placed in the scale sanctioned for the post of a Science Master viz. 220-500. The petitioner claims that he should be placed in the running scale of Rs. 220-500 with effect from the date of his absorption viz. April 1, 1969. He further prays that the pay that he was drawing at the time of his absorption in the Education Department should be protected.

(2.) In the written statement filed on behalf of the respondents, it has been inter alia pointed out that the petitioner is an untrained Graduate. This means that he did not possess the qualification of B.T. or B.Ed. Consequently, he was not eligible to be appointed as Master. That being so, he was not entitled to the running scale of the post of Science Master with effect from the date of his absorption in the Education Department. The petitioner having been given the running scale after he had acquired about five years' experience, he has no cause of action which may be remediable through the present proceedings.

(3.) Mr. Mukund Gupta, counsel for the petitioner submits that the State Government has granted the regular scale to all the untrained Masters from the date of their appointment. He appears to be right. In fact, in Santosh Singh and others v. The State of Punjab and others, Civil Appeal Nos. 31 and 32 of 1985, their Lordships of the Supreme Court had directed the State Government to ''give the running pay scale of Masters to all untrained Masters from the date of their appointment....''