Punjab-Haryana High Court
Dharam Dev And Ors vs State Of Punjab And Ors on 4 December, 2023
Author: Sanjeev Prakash Sharma
Bench: Sanjeev Prakash Sharma
Neutral Citation No:=2023:PHHC:154711
{2023:PHHC:154711}
319
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-8805-1997 (O&M)
Date of Decision:04.12.2023
DHARAM DEV AND OTHERS ........Petitioners
V/s.
STATE OF PUNJAB AND OTHER ........Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present: None for the petitioner.
Mr. Charanpreet Singh, AAG, Punjab.
***
SANJEEV PRAKASH SHARMA, J. (Oral)
1. No one has put in appearance on behalf of the petitioners.
2. This Writ Petition is pending since 1997 wherein the petitioners
have prayed for directing the respondents to pay the petitioners higher grade
in accordance with the qualifications possessed/acquired by them in terms of
the Government instructions issued from time to time and the order passed by
this Court.
3. The petitioners have relied on the directions on the issue by the
State Government for granting benefit of additional increment on acquiring
higher qualifications of Graduation. It is stated that the Teachers had
preferred Writ Petition before this Court and the judgment passed in the
Kirpal Singh Bhatia and Others Vs. Union of India and Others;
1970 CLJ 81, whereby the Teachers were directed to be paid according to the
qualifications irrespective of the posts they were holding.
4. It is further stated that the State Government issued a circular on
19.02.1979 directing to grant the Teachers benefit of the higher qualification,
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higher pay scale who had had acquired their qualification before the issuance
of the said letter.
5. Vide another letter dated 20.09.1979, it was clarified that those
who have improved their qualification be also given the higher pay scale.
6. It was, however, further stated that the actual payment of
enhanced rates will commence from 19.02.1979 and the payment of arrears
would be restricted to maximum of 38 months. Thereafter, vide letter dated
07.08.1986, a decision was taken by the State Government to grant higher
pay scale to all those Teachers who possess higher qualifications of Part I and
Part II or BA in addition to the qualifications required for the post they are
holding. It is submitted that the petitioners have been discriminated as JBT
Teachers while they have granted the scale to the Masters and Mistresses
belonging to the State cadre, the petitioners aggrieved of their not granting of
grade of `110-`250/-.
7. Per contra, learned State counsel relied on the judgment passed
in the case of State of Punjab and Others Vs. Om Parkash Kaushal wherein
the Supreme Court has noticed that the benefit of grant of higher pay scale on
acquiring Post Graduate qualifications was only upto 19.02.1979, whereafter,
it was provided that all those who acquired the qualification prior to the
issuance of the order dated 19.02.01979 would be entitled to the same. The
petitioners' claim has been contested and it is stated that the petitioners did
not acquire their qualifications prior to 19.02.10979, and acquired the same
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after cut-off date 19.02.1979 and therefore, they would not be entitled to the
said benefit.
8. No counter has been filed by the petitioners to the reply of the
respondents. In view thereof, the statement made by the learned State counsel
is accepted and accordingly, since the petitioners have acquired qualifications
after the cut-off date i.e. 19.02.1979 as stated by the respondents, no relief
possible can be granted to them. The Writ Petition is dismissed accordingly.
9. All the pending applications in this Writ Petition stand disposed
of accordingly.
December 4, 2023 [ SANJEEV PRAKASH SHARMA]
Ess Kay JUDGE
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
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