APARAPAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the letter dated 25th October, 1980 (Annexure P-9) and the order, dated 23rd December, 1980 (Annexure P-11). In the letter dated 25th October, 1980, written to the Director of Public Instructions (Schools) it was stated that the petitioner had to be given the benefit of U.G.C. grade for that period only for which he worked (in the U.G.C. post. By order, dated 23rd December, 1980, the pay of the petitioner was reduced from Rs. 1360/- in the pay scale of Rs. 1200-1900) to Rs. 1150/- (in the scale of Rs. 400-1250/-).

(2.) Few facts for the purpose of deciding this writ petition may be worth noting. The petitioner who was in the School Inspection cadre, joined the P.E.S. Class I in the years 1960. Vide order dated 9th September, 1970 (Annexure P-2) when the petitioner was working as Assistant Director (Examination) Public Instructions, Punjab, the State Government ordered that the petitioner will be treated on the College side for the purpose of fixation of pay as laid down in the Punjab Government letter No. 1320-4Ed.I-68 dated 24th February, 1968, with effect from 1st November, 1966. It is not disputed that pursuant to this order, the pay of the petitioner was fixed in scale of Rs. 1200-1900 at Rs 1360/- w.e.f. 1.1.1973. It is also not disputed that the officers belonging to P.E.S. Class I and who were borne on the College side were entitled to the grade of Rs. 1200-1900.

(3.) Mr. G.S. Gill, learned Deputy Advocate General has, however, drawn my attention to para 23(1) of the written statement and submits that though the officers working on the College side could be transferred to the School side and vice versa but the officers on the College side were entitled to the higher grade of pay of Rs. 1200-1900, whereas the officers borne on the School cadre were entitled to the scale of pay of Rs. 400-1250 w.e.f. 1.1.1973 on the adoption of the University Grants Commission pay structure. I, however, do not find any merit in the contention raised by the learned Deputy Advocate General as admittedly in the case of the petitioner, the State Government had issued the order dated 9th September, 1970 (Annexure P-2) in terms of which the petitioner who was working as Assistant Director (Examination) Public Instructions, Punjab, was to be treated on the College side for the purpose of fixation of pay. Since for the purpose of fixation of pay, the petitioner was to be treated on the College side, I fail to understand as to why he could be deprived of the scale which was admissible to the persons borne on the College side. In view of this, letter dated 25th October, 1980 and the order dated 23rd December, 1980 will have to be quashed.