ROHTAS KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of this writ petition as well as CWP Nos. 8387, 8389, 8397, 8659, 10310, 10311, 10479, 10478, 10599, 10730, 10840, 10971, 11363, 11364, 12085, 12409, 12788, 12920, 12921, 12949, 13121, 13353, 13596, 13635, 13929, 14023, 14042, 14225, 14226, 14247, 14451, 14499, 14546, 15623, 15809, 15810, 15820, 16202, 16205, 16356, 16455, 16625, 16660, 14249 and 8404, all of the year 1990, as also CWP Nos. 79, 5251, 8560, 11007, 11334, 18031, 18997, 249, 367, 1375, 2470, 2873, 7277, 4006, 2906 and 2886 all of the year 1991 and CWP No. 3313 of 1992, as common question of law and facts is involved in all these writ petitions.

(2.) For the purpose of disposal of the above writ petitions, following relevant facts may be noticed: In the State of Punjab, there was a cadre of Teachers known as Cadre of Master/Mistress. Their pay scale prior to January 1, 1978, was Rs. 220-500. In 1978 there was another cadre of Teachers known as Classical and Vernacular Teachers cadre (C and V cadre). The latter cadre consists of Teachers in the Subjects of Hindi, Punjabi, Sanskrit, Drawing, Art and Craft, Agriculture, P.T.I. etc. The pay scale of the C & V cadre was Rs. 170-350. A Hindi or Punjab Teacher and some other category of Teachers having qualifications of Prabhakar or Giani were given three advance increments on their initial appointments whereas Sanskrit Teacher having Shastri qualification was given five increments on his initial appointment.

(3.) With effect from January 1, 1978, the State of Punjab revised the pay scales of cadres of Masters/Mistress from 220-500 to 620-20-700-25-850-30-1000-40-1200 whereas pay scale of the Teachers of C & V cadre was revised from Rs. 170-350 to Rs. 570-15-600-20-700/25-850/30-1000-40-1080. The increments which Hindi/Punjabi and Shastri Teachers were enjoying prior to the revision were also kept intact meaning thereby that a Hindi/Punjabi Teacher on January 1, 1978, was to get minimum of Rs. 620/- whereas a Shastri Teacher was to get Rs. 660/- as pay per mensem. It may be observed here that C & V cadre of Teachers was a lower cadre as compared to the Master/Mistress cadre as the former was a feeder cadre for promotion to the Master/Mistress cadre and 10% posts in the Master/Mistress cadre were to be filled by promotion from C & V cadre. The Teachers belonging to Master/Mistress cadre made grievance to the State Government that on the revision of the pay scale, the Teacher belonging to a Master/Mistress cadre on January 1, 1978, would get Rs. 620/- p.m. as pay whereas a Teacher belonging to C & V cadre like Hindi/Punjabi and Shastri Teacher would get the pay of Rs. 620/- and Rs. 660/- p.m. respectively. According to them, a Shastri belonging to a lower cadre could not get more pay than a Teacher belonging to Master/Mistress cadre on January 1, 1978. After consideration of the claim of the persons like the petitioners, the State Government issued instructions on February 18, 1983 (Annexure P-1), which read as under: