SURESH KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The short issue raised in these two petitions (C.W.P. No. 14246 of 1990 and C.W.P. No. 6648 of 1991) is 'whether the terms and conditions of taking over a privately managed aided school could be altered at the instance of an employee who has been taken over'.

(2.) Brief facts of the case are being referred from C.W.P. No. 14296 of 1990. The petitioner was appointed as a teacher on 4.8.1975 in Janta High School, Rattewal, District Hoshiarpur. It was a privately managed recognised school. His appointment was approved on the post of JBT Teacher. For appointment to the post of "Master", which is a post in higher pay scale, the qualification of B.A., B.Ed. is prescribed. The petitioner possessed qualification of B.A., B.Ed. On 22.1.1987, the school was taken over by the Government. The petitioner was also taken over as JBT Teacher on ad hoc basis as he was working against an aided post of JBT Teacher. On 21.10.1988, the services of the petitioner were regularised as JBT Teacher (P-1). The petitioner represented to the Government with a request to adjust him as Social Studies Master from the date of taking over. He claims that his case was recommended by the District Education Officer but he has not been adjusted.

(3.) The stand of the respondents in the written statement is that the petitioner was taken over as JBT Teacher as he was working against the aided post of JBT Teacher in the erstwhile Janta High School, Rattewal, District Hoshiarpur, as per terms and conditions of taking over. It has further been pointed out that he cannot be granted the higher grade of post of Master merely because of his higher qualifications. In order to become entitled to higher grade of the post of Master he has to be appointed first on the post of Social Studies Master. It has also been denied that the District Education Officer ever recommended the case of the petitioner for absorption as Social Studies Master.