SANTI DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is working as JBT Teacher in the Government Primary School Baluana, District Ferozepore, since October 6, 1970. Initially, she was appointed on ad hoc basis and was regularised on 3rd April, 1980. Before she was appointed she had already passed B.A. Part-I in the year 1968 as per Annexure P-5 and B.A. Part II in the year 1972 as per Annexure P-6. The petitioner is seeking directions to the respondents to pay her the grade admissible to JBT Masters/Mistresses revised from time to time from the date of her acquiring higher qualifications in T.D.C. Part I and Part II, in view of the instructions issued by the Punjab Government on 23rd July, 1957, vide which the petitioner is entitled to be placed in Category 'B' Group II.

(2.) In the written statement filed on behalf of the District Education Officer, a preliminary objection has been taken that the petitioner was not liable to claim the benefits of the Punjab Government letter dated 23rd July, 1957, which was withdrawn vide letter dated 19th February, 1979, copy Annexure P-2, wherein it was clearly stated that the teachers in the Education Deptt. henceforth will not be entitled to the pay scales on the basis of their qualifications, but will be entitled to the Grades of the posts against which they will be appointed. In para No. 2 it has been pleaded that only those J.B.T. Teachers are eligible for the grade from the date of acquiring higher qualification or from the date of regularisation of their services whichever is later. In this case, the petitioner's services have been regularised with effect from 3rd April, 1980, as such, she is not entitled for the higher grade. According to the return prior thereto she was on ad hoc basis and therefore, could not take the benefit of the earlier circular letter dated 23rd July, 1957. The learned counsel for the petitioner filed along with Writ Petition Annexure P-4 the judgment of this Court in Jetha Singh and others v. State of Punjab and another, CWP No. 5679 of 1986, decided on 2nd August, 1988, wherein similar point was decided. He also cited Rajinder Kumari v. State of Punjab,1988 4 SLR 297 to contend that benefit of higher pay/grade payable to teachers placed under Group II on attaining the requisite qualifications also available to ad hoc teachers provided the ad hoc employment was continuous and ultimately regularised.

(3.) It is no more disputed that though the petitioner was appointed initially on ad hoc basis but she continued and ultimately regularised on 3rd April, 1980. In the circumstances, the Division Bench judgment of the Court is fully applicable to the facts of the present case. Consequently, this petition succeeds and writ of mandamus is issued to the respondents directing them to pay the petitioner the grade admissible to JBT Masters/Mistresses revised from time to time from the date of her acquiring higher qualifications of T.D.C. Part I and Part II in view of the instructions issued by the Punjab Government on 23rd July, 1958, according to which she was entitled to be placed in Category 'B' Group II. However, there will be no order as to costs.