This single-judge bench of the High Court of Punjab and Haryana dismissed a writ petition seeking a selection grade for the petitioner, a provincialised JST teacher, relying on earlier rulings that excluded such cadre from the benefit.
Claim for grant of selection grade was rejected and the writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No. 14576 of 1993
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 14576 of 1993 Date of decision:- 25.08.2011
Raj Kumari Seth
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:None for the petitioner.
Mr. Praveen Chander Goyal, Addl. A.G. Punjab.
RITU BAHRI J.
Petitioner is seeking a writ of mandamus directing the respondents to release the Selection Grade at par with JST Teacher of State Cadre in view of the Government instructions dated 23.7.1957 and keeping in view the judgment of this Court in CWP No.3218 of 1978 titled 'Ram Nath Chandok and others versus State of Punjab and others' allowed on 15.11.1985, which is reported as
Ram Nath Chandok and others versus The State of Punjab and others
1985(3) SLR 710.
The petitioner was appointed as JST Teacher on 10.12.1947 by the Secretary, Municipal Committee, Jalandhar. State of Punjab took all the schools, which were run by the District Boards and provincialised the services of all those employees in the year 1956. The services of the petitioner is governed by the Punjab Education Services Provincialised Cadre Rules 1961. As per these rules they were entitled to the pay scales as authorised by the Government from time
Civil Writ Petition No. 14576 of 1993
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to time. The pay scale of the teachers was revised vide circular dated 23.7.1957 (Annexure P-1). As per these instructions 50% of the teachers were entitled to promotion in middle scale by way of selection grade on seniority-cum-merit. The petitioner retired from the service on 30.09.1983.
The petitioner was not given the benefit of 1957 instructions on the ground that they were part of provincialised cadre. The petitioner is claiming the grant of selection grade of Rs.220-500 after completion of five years service in view of Government instructions dated 23.7.1957 but the petitioner was allowed the scale of Rs.80-250 and this scale was revised to Rs.620-1200 w.e.f. 1.1.1978. The petitioner has filed the Writ Petition No.12131 of 1992 claiming the abovesaid relief by this Court vide order dated 07.12.1992 and direction was given to the respondents to dispose of the representation keeping in view the judgment of this Court. Vide order dated 16.3.1993 (Annexure P-6) her claim for grant of Selection Grade was rejected on the ground that she belong to other provincialised cadre and as per the Government instructions dated 30.9.1988 and 12.6.1989 the employees of provincialised cadre are not entitled to the selection grade.
Mr. Praveen Chander Goyal, Addl.A.G. Punjab on the basis of written statement argued that this issue whether provincialised cadre JST Teachers are entitled for the selection grade came up before this Court in Writ Petition No.8534 of 1976, which was decided on 28.2.1977. The petitioner has been rightly placed in the pay scale of Rs.80-250, which was subsequently revised to 220-500 and later on Rs.620-1200 w.e.f. 1.1.1978. The petitioner was never appointed as JST Teacher. She was appointed as Assistant teacher having qualification of F.A. & JAV on temporary basis w.e.f. 10.12.1947. As per the Government letter dated 23.7.1957 as per her qualification she fell in category 'B' Group-II and her pay scale has been given in the grade of 80-5-100/8-190-10-
Civil Writ Petition No. 14576 of 1993
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250 and the pay scales have been given as applicable to this category. Pay scale of Rs.220-500 was not given to the petitioner w.e.f. 1.11.1966 as she was not entitled and was falling in category 'B' Group-II. The benefit of selection grade has not been made applicable to the employees of provincialised cadre as per the Government instructions dated 30.9.1988 and 12.6.1989. In view of these instructions her case was rejected. This issue has been decided by this Court Writ Petition No.8534 of 1976, which was decided on 28.2.1977.
The writ petition is dismissed .
August 25, 2011 Vijay Asija
RITU BAHRI ) JUDGE
3 issues framed by the court
Whether provincialised cadre JST teachers are entitled to selection grade as per Government instructions.
Whether the petitioner, appointed as JST Teacher in 1947 and later provincialised in 1956, qualifies for the selection grade of Rs.220-500.
Whether Government instructions dated 30.9.1988 and 12.6.1989 excluding provincialised cadre from selection grade are applicable to the petitioner.
Colour shows how this judgement treated each authority
Ram Nath Chandok and others versus The State of Punjab and othersReferred¶14
CWP No.3218 of 1978
Ram Nath Chandok and others versus The State of Punjab and othersReferred¶16
1985(3) SLR 710
UndisclosedDistinguished¶25
Writ Petition No.8534 of 1976
Raj Kumari Seth
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
