Punjab-Haryana High Court
Arun Prabha vs State Of Punjab & Ors on 12 August, 2024
Neutral Citation No:=2024:PHHC:104058
1
CWP-501
501 of 1995
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-501
501 of 1995
Reserved on: 25.07.2024
Pronouncedd on
on: 12.08.2024
Arun Prabha
......Petitioner
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Argued by:: - Mr.. Shreesh Kakkar, Advocate,
for Mr. Kapil Kakkar, Advocate, for the petitioner.
Mr. Rajesh Sehgal, Addl. A.G., Punjab.
NAMIT KUMAR, J.
1. Instant writ petition has been filed by the petitioner under
Articles 226/227 of the Constitution of India for issuance of a writ in
the nature of mandamus, directing the respondents to grant higher pay
scale as per the qualifications possessed by her
her, in view of the Punjab
Government Instructions dated 23.07.1957 (Annexure P
P-4).
2. Brief facts as have been pleaded in the petition are that the
petitioner was appointed as JBT teacher on 02.05.1987 on aided post of
J.B.T. in Arya Girls Primary School, Abohar (respondent No.4). She
passed her JBT two years course from Punjab Education Department in
1976-78
78 and passed her B.A. Part-I
Part I examination from the Punjabi
University, Patiala, in April, 1978. The State of Punjab
Punjab, vide letter
dated 23.07.1957,
23.07.1957 revised thee pay scales of low paid Government
servants, including teachers w.e.f. 01.05.1957. Petitioner has prayed
for issuance of directions to the respondents to grant her higher pay
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scale in view of Punjab Government
Government instructions dated 23.07.1
23.07.1957
(Annexure P-4).
P ). Hence, the present writ petition.
3. The petition was admitted on 11.01.1995. Respondents
No.1 to 3 - State filed written statement stating therein that letter dated
23.07.1957 was superseded by Government of Punjab vide letter dated
19.02.1979 (Annexure
(Anne P-5)
5) wherein it was decided that teachers
appointed after 19.02.1979 or acquired higher qualification after
19.02.1979,, were not entitled/eligible for grant of higher grades on the
basis of higher qualification. Petitioner was appointed as teacher w.
w.e.f.
02.05.1987 i.e. after 19.02.1979, therefore, she is not eligible for grant
of higher grade on the basis of higher qualification.
4. Learned counsel for the petitioner contended that action of
the respondents in not granting the higher pay scale to th
the petitioner is
totally illegal and discriminatory. He further contended that action of
the respondents in fixing 19.02.1979 as dividing line for extending the
benefit of higher pay scales between the persons of same cadre has no
rationale and violative of
of Articles 14, 16 and 39(d) of the Constitution
of India.
5. On the other hand, learned State counsel submitted that
present case is squarely covered by the Division Bench judgment of
this Court in The State of Punjab and others v. Joga Singh and
others, 1997(8) SLR 706,
706, wherein it has been held that State can alter
its policy, which the State has done by altering its policy of year 1957
to that of year 1979. Therefore, the claim of the petitioner is liable to
be rejected.
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6. I have heard learned counsel for the parties and perused
the record.
7. Admittedly, the claim of the petitioner seeking higher pay
scales is based upon Punjab Government Instructions dated 23.07.1957.
And the said instructions has been superseded by Government of
Punjab vide letter dated 19.02.1979, whereby it was categorically
decided that the teacher who have been appointed or acquired higher
qualification after 19.02.1979 will not be eligible for the grant of higher
grades on
n the basis of higher qualification acquired by them. Pet
Petitioner
was appointed as Teacher w.e.f. 02.05.1987 i.e. after 19.02.1979 and,
therefore, is not entitled for the grant of higher grade on the basis of her
higher educational qualification. A perusal of the file record would
show that the instructions dated 23.07.1957 is not applicable to the
employees of privately Managed recognized Aided schools as the said
schools were taken on Delhi pattern Grant
Grant-in-aid scheme with effect
from 01.12.1967 which itself proves that the letter dated 23.07.1957
was neither intended
intended for the teachers of privately Managed recognized
Aided schools at the time of its issuance nor it was made applicable to
them w.e.f. 01.12.1967.
8. The issue involved is whether the petitioner is entitled for
higher grades in view of acquiring higher
higher qualification in view of
instructions dated 23.07.1957
23 (Annexure
Annexure P
P-4)? The issue is no longer
res integra as the same has been decided by a Division Bench of this
Court in the case of Joga Singh (supra),, wherein it has been held that
the State can alter its policy which the State has done by altering the
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policy of 1957 to that of 1979 and the Division Bench relied on the
judgment in the case of Wazir Singh & others v. State of Haryana &
others, AIR 1996 (SC) 889 and further held that the teachers could not
claim the benefit of higher pay scales automatically on acquisition of
higher qualifications but could claim such benefits only in accordance
with the new policy which in the present case is contained iin circular
dated 19.02.1979. It was further held that the writ petitioners therein
who have joined service after 19.02.1979 or have improved their
qualification after issuance of letter dated 19.02.1979
19.02.1979, shall not be
entitled to the benefits of higher pay scale automatically and they shall
be entitled to the benefit of higher pay scale only in accordance with
new policy contained in 19.02.1979. The petitioner passed her JBT
Course in 1976-78
1976 78 and passed her B.A. Part
Part-I Examination in April,
1979. The petitioner
petitio had joined as JBT Teacher in the year 1987 and
hence, the judgment in the case of State of Punjab vv. Joga Singh
(supra) clearly applies to the case of the petitioner.
9. To the same effect is the judgment of this Court in the case
of Surinderjit & others v.. State of Punjab & others, 2013 (3) SCT 75.
10. In view of the above, present writ petition
petition, being devoid of
merit is hereby dismissed.
(NAMIT KUMAR)
12.08.2024 JUDGE
R.S.
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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