N. P. SINGH, J. - (1.) THE State of Himachal Pradesh is the appellant in this appeal. THE writ petitioners-respondents (hereinafter referred to as "the respodents") filed the writ application in question for a direction to the appellant-State to implement the decisions of the State Government as communicated by their letter dated 30/09/1970. A copy of the said communication was marked as Annexure B and an enclosure thereto as Annexure B-1 to the writ application.
(2.) IN the aforesaid communication it was said- "the question of revising the scales of pay of the teaching personnel in Government Schools in Himachal Pradesh on the basis of orders issued by the Punjab Govt. revising the pay scales of their teaching staff w.e.f. 1-11- tenant 1966 has been engaging the attention of the Govt. After considering the whole matter, the Lieutenant Governor, Himachal Pradesh, is pleased to order, in exercise of the powers vested in him under second proviso to sub-rule (2) of the Rule 2 of the Conditions of Service of Union Territories Employees Rules, 1959, the revision of present scale of that category with effect from 1st Nov. 1966 as shown in the attached annexure." The relevant part of the annexure attached to the aforesaid communication which, as already stated above, was marked as Annexure B-1 before the High Court is as follows : "EDUCATION DEPARTMENT TEACHING PERSONNEL, WORKING IN THE SCHOOLS AND INSTITUTION CADRE JUDGEMENT_428_SUPP2_1993Html1.htm According to the respondents, in view of the aforesaid order issued by the Lieutenant Governor, Himachal Pradesh, in exercise of the power vested in him under the provisions of Conditions of Service of the Union Territories Employees Rules, 1959, 25 Per Cent of the Trained Graduate Teachers having post-graduate qualification i.e. M. A. in First or Second Class became entitled to the revised scale of pay of Rs. 300-600 on the analogy of Punjab. The stand of the appellant-State is that in view of the aforesaid statutory order, 25 Per Cent . of the Trained Graduate Teachers having passed M. A. in First or Second Class are entitled to the aforesaid scale of pay with effect from the date mentioned in the said order, but this 25 Per Cent has to be calculated taking into account not only the Teachers in the different schools but also the Lecturers having passed M. A. in First Class or Second Class, who are teaching in different schools in the State. It was pointed out that the appellant-State has adopted the Punjab pattern by the statutory order aforesaid in the matter of revision of the scale of pay and as in Punjab, the Lecturers teaching in schools have to be clubbed together with the Trained Graduate Teachers having Degrees of M. A. in First Class or Second Class.
(3.) IT can be said that there is no dispute so far the question of payment of revised scale to 25 Per Cent of the Teachers having Degrees of M. A. in First Class or Second Class; the controversy is as to whether this 25 Per Cent will include the Lecturers teaching in the different schools or they have to be excluded for purpose of identifying the 25 Per Cent of the Teachers who became entitled for the revised scale. On behalf of the appellant-State our attention was drawn to the revision of the pay-scale of Teachers in Punjab having Degrees of M. A. in First Class or Second Class, which was communicated by a letter dated 29/07/1967, the relevant part whereof is- "Lecturer in Higher Secondary Schools and Masters/Mistresses with Post-Graduate Qualifications in High and Higher Secondary Schools. 2. Lecturers in Higher Secondary Schools, Punjab Institution of English and Masters/Mistresses with post-graduate qualifications in High/Higher Secondary Schools will be placed in Rs. 300-25-450/25-600 grade provided they have first or second division master's degree. These with third class master degree will be placed in the grade of Rs. 250-25-400/25-500. The number of posts in lecturer's grade will be 1571 i.e. 742 posts for the existing school lecturers and 829 additional posts for other Masters/ Mistresses with post-graduate qualifications. The Master/ Mistresses will be eligible to lecturer's grade only if they have post-graduate qualifications in the subject of their teaching. No one will be entitled to these 829 additional posts automatically. These requirements of the institutions and the appointment will be made keeping in view the rules/ instructions as amended from time to time." It was pointed out that the decision, which had been taken by the State of Punjab, put the Lecturers in the Higher Secondary Schools and Masters/ Mistresses having degree of M. A. in First Class or Second Class in the same category and it also indicated that the total number of posts in Lecturer's Grade was 1571 out of Which 742 posts in the existing schools were for Lecturers and 829 additional posts were for Masters/ Mistresses with post-graduate qualification. ;