USHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner passed her M.A. in History in third division in 1972 and was appointed as a Social Studies Mistress in Government High School, Bhikhi, District Bathinda on ad hoc basis and was regularised as such w.e.f. April 1, 1977. Prior to the revision of the pay scales the petitioner was drawing a salary of Rs. 268/- in the grade of Rs. 200-500. With effect from January 1, 1978, the pay scale of the Masters/Mistresses cadre, to which the petitioner belonged, was revised to Rs. 620-1200 and according to the criteria for fixation of pay in the revised pay scale contained in Punjab Civil Services (Revised Scales of Pay) Rules, 1979, the petitioner's pay was to be fixed at Rs. 660/- which was duly fixed. The Government had taken a decision that those teachers belonging to the Masters/Mistresses cadre, who had post-graduate qualifications may be given three increments if they had obtained First or Second class in the post- graduation and two increments in case of third divisioners. However, some teachers were being denied this benefit especially those who had obtained the post-graduate degree prior to January 1, 1978 and had also joined prior to January 1, 1978. This Court in CWP No. 2632 of 1985, decided on February 21, 1986, held that this benefit is available even to those teachers who had acquired post-graduate qualifications prior to 1.1.1978 and also joined prior to January 1, 1978. Accordingly, the petitioner's pay was fixed at Rs. 700/- per month with effect from January 1, 1978 and w.e.f. January 1, 1987 with the revision of the pay scales fixed at Rs. 2050/-.

(2.) While making scrutiny of the case of the petitioner for proficiency step- up, respondent No. 2 directed the Principal of the petitioner's school to reduce the petitioner's pay from Rs. 700/- to Rs. 660/- per month with effect from January 1, 1978 and give consequential effect thereto. Petitioner challenged the order dated July 1, 1991 in CWP No. 1886 of 1991, which was allowed on July 31, 1992 with the directions that fresh order be passed after giving opportunity of hearing to the petitioner. Vide order dated March 4, 1993 (Annexure P.6) the petitioner's pay was fixed at Rs. 680/- per mensum w.e.f. January 1, 1978 instead of Rs. 700/- per mensem. In this petition the above said order has been challenged.

(3.) Learned counsel for the petitioner submitted that apart from the judgment in CWP No. 2632 of 1985, another learned Single Judge in Rawail Singh etc. v. State of Punjab, 1995 4 SCT 481, has held that the teachers who had acquired post-graduate qualifications prior to January 1, 1978 and had joined before January 1, 1978 are also entitled to the grant of 2/3 advance increments depending upon the division obtained in the post-graduation. I have also disposed of today a bunch of writ petitions taking the same view.