STATE OF PUNJAB AND ANR. Vs. MOHINDER KAUR

JUDGEMENT

(1.) CAN a Domestic Science Teacher claim the scale of pay sanctioned for the post of a Classical and Vernacular Teacher merely because she has acquired the qualification. of Giani? This is the short question that arises for consideration in this Letters Patent Appeal. The learned Single Judge having allowed the writ petition, the State of Punjab has disputed, its correctness. A few facts may be noticed.

(2.) THE Respondent passed the JBT (Home Crafts) examination from the Government Central Crafts Institute in June, 1973. Thereafter, she passed the Giani examination in September 1975 from the Punjabi University, Patiala. It appears that the Respondent had joined service as a Domestic Science Teacher on September 25, 1974. Since she was already employed, she passed the Giani examination as a private candidate. The initial appointment was ad hoc. Vide order dated February 12, 1980, the Respondent's services as a Domestic Science Teacher were regularised with effect from April 1, 1977. After having passed the Giani examination, she claimed that the pay scale sanctioned for the post of a Classical and Vernacular teacher be granted to her. The Department having not accepted her claim, she approached this Court through a petition under Article 226 of the Constitution.

(3.) ON the other hand, Mr. V.K. Jindal, learned Counsel for the Respondent -teacher has contended that all teachers who possess the qualification of Giani are entitled to be placed in the scale sanctioned for category 'B' Group III irrespective of the fact that they are not engaged to teach Punjabi. Counsel has placed reliance on the decisions of certain cases by their Lordships of the Supreme Court as well as this Court.