STATE OF PUNJAB Vs. JOGA SINGH

JUDGEMENT

(1.) By this judgment, we propose to dispose of L.P.A. Nos.374, 1137 and 933 of 1994, L.P.A. Nos. 44, 46 and 470 of 1995, as all these appeals have been directed against the same judgment dated 13th October, 1993 passed by a learned Single Judge of this Court in C.W.P. No.11995 of 1989, 11667 of 1989 and 1515 of 1986.

(2.) Briefly stated, the facts of the case are that the writ petitioners in this case were appointed as teachers in various schools in the State of Punjab. Their services were governed by the Punjab Educational Services Class-Ill School Cadre Rules, 1955 (hereinafter called the Rules) which came into force with effect from 30th May, 1957. Rule 18 of the rules provides that members of the Service will be entitled to such scales of pay as may be authorised by the Government from time in time as contained in Appendix 'A against each post. Vide instructions dated 23rd July, 1957 (hereinafter referred to as 1957 instructions), the Government of Punjab revised the pay scales of the teachers working in the State Education Department and they were put into two categories i.e. Category A and category 'B' which read as under:-

(3.) Teachers who had the qualifications as mentioned in Category A but were working against the posts in Category B, were aggrieved of not being given the pay scales meant for teachers falling in category A. They, therefore, approached this Court by way of Civil Writ Petitions. The matter was finally decided by the Supreme Court in the case, State of Punjab and another vs. Kirpal Singh Bhatia and others, 1976 AIR(SC) 2459 In this case, while interpreting the 1957 instructions, the apex Court held that the teachers would be entitled to the pay scales according to then- qualifications. According to the qualifications, the teachers were placed in two broad categories, A and B. Thus those who had degrees of BA, B.T./B.Ed. became entitled to scales of pay according to category A. The scale of pay was made effective either from the date the teachers would pass the examination of B.T. or its equivalent or from 1st May, 1957 whichever was later.