GOKAL DEEP MEHTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - Petitioners were all working as Tailoring Mistresses, when the present writ petition was filed. There are other classes of teachers known as J.A.V./J.S.T. Teachers, Art & Craft Teachers, Classical & Vernacular Teachers. The pay scales of the various categories have been revised from time to time by the State Govt. Petitioners have given a Chart in the writ petition showing pay scales of teachers at different times:- <FRM>JUDGEMENT_121_LAWS(P&H)7_1992(1).html</FRM> It has further been mentioned in the writ petition that when the pay scale of J.A.V./J.S.T. teachers was raised to Rs. 220-430 somewhere in May, 1974, other categories were given selection grade in the pay scale of Rs. 220-430 to the extent of 15% of the total posts.

(2.) Petitioners were given the pay scale of Rs. 170-350 w.e.f. 1.11.1971 and also the selection grade of Rs. 220-430 w.e.f. 22.5.1974. Both the benefits were sought to be withdrawn from the petitioners on two counts:-

(3.) It may be observed here that w.e.f. 1.1.1978, the pay scale of Classicial & Vernacular Teachers was revised from Rs. 170-350 to Rs. 570-1080. Learned counsel for the petitioners submitted that the petitioners are entitled to the same pay scale as that of Classicial & Vernacular Teachers because once they were made equal to them w.e.f. 1.11.1966, and consequently withdrawing the benefit of revision of pay scale, which was given to the Classical & Vernacular Teachers is wholly illegal and unsustainable. In support of his contention, he has cited two judgments of this Court in Amarjit Kaur Vs. The State of Punjab & others 1988(4) SLR 199 and Sukhwinder Kaur Vs. State of Punjab & Others, 1989(3) SLR 379 . In the former case, it was observed by the learned Single Judge that the petitioner who was a Tailoring Mistress, could not be denied the revised scale of pay which had been granted to Classicial & Vernacular Teachers. In the latter authority, the pay scale of Rs. 570-1080 granted to the petitioner (a Tailoring Mistress) was sought to be reduced to Rs. 480-880. It was held by the learned Single Judge that the Tailoring Mistresses were entitled to the revised grade of Rs. 570-1080 as was granted to Classical & Vernacular Teachers. Learned counsel for the respondents could not successfully differentiate the abovesaid two authorities. In this view of the matter, I hold that the petitioners were rightly given the same pay scale as that of Classical & Vernacular Teachers and the same could not have been reduced by the respondents. They are, in fact, entitled to the same pay scale as that of Classical & Vernacular Teachers.