Dismissed

Surinderjit and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC9 Oct 2012CWP/242/1994

Case brief

AI extract

What is this about?

Petitioning teachers contested denial of higher pay scales due to qualifications acquired after 1979. The Single Judge dismissed the writ petition, citing precedent that barred automatic pay scale upgrades for those joining or training after the 1979 circular.

What did the court decide?

The petition was dismissed as the teachers were not entitled to the benefit of higher pay scales.

Surinderjit and Ors. Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CWP No. 242 of 1994

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(1)

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IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH

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CWP No. 242 of 1994 Date of Decision: 09.10.2012

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Surinderjit and others ............ Petitioners

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State of Punjab and others

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.......... Respondents

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CORAM : HON'BLE MR. JUSTICE R.P. NAGRATH

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present:None for the petitioners.

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Mr. Munish Chaudhary, AAG, Punjab for the respondent.

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R.P. NAGRATH, J. (ORAL)

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Even none was present for the petitioners on the previous date.

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The petitioners are working in different Schools as Lecturers, B.Ed. Teachers Punjabi and Hindi and J.B.T Teachers in various Primary, Middle, High and Secondary Schools of Jalandhar, Kapurthala and Hoshiarpur Districts of Punjab. The petitioners have acquired higher qualification of M.A. and as per the particulars given in paragraph 2 of the writ petition, many of them acquired the post graduation qualification

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(2)

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CWP No. 242 of 1994

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before 19.02.1979 and the others subsequent to the said date.

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The Punjab Government had issued instructions dated 23.07.1957 (Annexure P-1) revising the pay scales of teachers working in the State of Punjab with effect from 01.05.1957. It was decided that the teachers would be entitled to the pay scales according to the qualification possessed by them irrespective of the post they were holding. On 19.02.1979, the Government of Punjab issued a circular/letter (Annexure P-4) after reconsidering the matter, relevant portion of which, is reproduced as under:-

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“........henceforth the teachers of the Education Department shall not become entitled to be placed in the higher scale of pay in terms of para 3 of the Punjab Govt. letter No. 5058FR-II-57/5600, dated 23^rd July, 1957, automatically on their improving/acquiring higher qualifications during the course of their service. The masters and teachers in the Education Department will be placed in the scales of pay of their respective categories to which they are appointed against the sanctioned posts and mere possession/acquisition of posts will not entitle them to automatically claim higher pay scales. However, in order to avoid discrimination between teachers, who have already been allowed higher scales of pay on account of having improved their qualifications and those who have not yet been allowed this benefit, even though who have also possessed higher qualifications, it is decided that all teachers in the Education Department, who

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CWP No. 242 of 1994

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(3)

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have improved their qualifications before the issue of this letter, may be allowed the benefit of higher scales of pay on the basis of their qualifications.......”

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The petitioners basically rely upon Annexure P-8, judgment of this Court in CWP No. 11995 of 1989 titled as Joga Singh JBT Teacher and others vs. State of Punjab and others decided on 13.10.1993, that the benefit of the instructions of the year 1957 is to be granted even to those teachers who acquire higher qualifications after 19.02.1979 or appointed after that date.

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Respondents filed the reply. Annexure R-II is the judgment dated 20.02.1996 passed in State of Punjab and others Vs. Joga Singh and others, reported as 1996 (2) RSJ 738, against the aforesaid order Annexure P-8, wherein it was held as under:-

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“For the reasons recorded herein above, we are of the opinion that the view taken by the learned Single Judge in the impugned judgment does not represent correct law in view of the law laid down by the apex court in the case of Wazir Singh (supra). Accordingly, we allow L.P.A. Nos. 374, 1137 and 933 of 1994, L.P.A. Nos. 44, 46 and 470 of 1995 and set aside the impugned judgment dated 13^th October, 1993, passed by the learned Single Judge in C.W.P. No. 11995 of 1989, 1167 of 1989 and 4515 of 1986. We further hold that the writ petitioners who have joined the service after 19^th February 1979 or have improved their qualifications after issue of the letter dated 19^th February

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(4)

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CWP No. 242 of 1994

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1979, shall not be entitled to the benefit of higher pay scales automatically .........................”

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It is stated by the respondents that the teachers, who were appointed before 19.02.1979 or acquired the post graduation qualification before the said date like petitioners No. 1, 9, 13 and so on have already been granted the benefit of the existing instructions.

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In view of the above, the petition is dismissed especially when the respondent-State has alleged that those who were covered under the instruction in force before 19.02.1979 have been granted the said relief.

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Dismissed.

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Sd/- October 09, 2012 ( R.P. NAGRATH ) jk JUDGE

Surinderjit and Ors. v. State of Punjab and Ors.

Case brief

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Surinderjit and Ors. v. State of Punjab and Ors.

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