NASIB KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The point for consideration in this case is, as to whether the words 'Plus JAV training' in paragraph 3 of circular dated 23, 1957, will qualify only the word 'Matric' but also the word 'Inter'. That paragraph reads as follows :

(2.) Their Lordships of the Supreme did not refer to the word 'Inter' because the case before them related to graduate teachers. However, the interpretation is clear that the words 'plus' JSV training' will have to qualify only 'Matric' and not 'Inter' qualification. If that is so, the petitioners would be entitled to be brought into the status of Category B Group II and also to be paid higher scale of pay admissible to such category of teachers from the date they acquired the Intermediate qualification. It may also be mentioned that in this decision the view taken is that in relation to payment of salary the qualification possessed by them is relevant.

(3.) Accordingly, in this case, the petitioners will be entitled to be paid the salary admissible to the teachers of Category B in Group II from the date they acquired the Intermediate qualification without insisting on JSV/JAV training. There will be a mandamus accordingly in these terms. However, there will be no order as to costs.