- (1.) -This petition is by four primary school teachers serving in what are called "the provincialised schools", i. e. , schools run prior to 1/10/1957, by Local Bodies but taken over by the then State of Punjab with effect from 1/10/1957. The petition challenges the validity of (a) the Punjab Educational Service (Provincialised Cadre) Glass III Rules, 1961 ; (b) the letter, dated 5/01/1968, by Haryana government to the Director of Public Instruction communicating its decision for revision of pay-scales and prescribing two grades of teachers with effect from 1/12/1967, i. e. , ordinary and selection grades, in proportion of 85: 15; (c) letters, dated 18/03/19 6/04/1969, and 5/08/1969, granting with effect from 1/12/1967, selection grade to the respondents, all in State cadre though actually serving in provincialisedschools in Gurgaon District; and (d) the joint seniority list of the provincialised teachers in Gurgaon District and the final list of teachers in Ambala Division in so far as Respondents 6 to 96 are shown in the Ambala Division Seniority List.
(2.) All the four petitioners are Matriculates Trained teachers and were respectively appointed in the former Local Bodies Schools on November 29, 1956, October 1, 19/05/1951, and 14/09/1957. Respondents 6 to 36 were originally teachers in schools conducted by Nai Talim Sangh run with central government funds by the Faridabad Town Development board, which schools, together with their staff, were taken over by the then State of Punjab with effect from 1/10/1957. Respondents 37 to 96 were appointed on and after 16/07/1959, and posted in schools which were provincialised as stated above, and therefore, junior in service to the petitioners and several others appointed in Local bodies schools prior to their provincialisation.
(3.) Briefly stated, the petitioners' case was that prior to 1/10/1957, when the then State of Punjab provincialised the primary schools there were mainly two types of schools, viz. , (a) schools run by District and Municipal bodies, and (b) government schools, besides of course the Nai Talim Sangh schools and the schools in Pepsu area which had merged in the State in 1956. As a result of the government taking over class (a) schools, all primary schools throughout the State became government schools and the teachers serving therein became government employees. According to the petitioners, the effect of provincialisation of these schools was that all teachers henceforth were brought into a common service, performing the same functions and duties under the same authority, viz. , the State's Education Department. Teachers appointed after 1/10/1957, were posted in both the types of schools and were naturally junior to those appointed earlier in the schools run by the Local Bodies.;