GURPAL TULI Vs. STATE OF PUNJAB
LAWS(SC)-1984-9-40
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 28,1984

GURPAL TULI Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Pathak, J. - (1.) The appellants, in these appeals by special leave, are aggrieved by the judgment of a Division Bench of the High Court of Punjab and Haryana affirming the dismissal of their writ petitions by a learned Single Judge of that Court.
(2.) The appellants are teachers in the service of the State of Punjab. They claim the grades prescribed in paragraph 2 of the Government Circular letter No. 2036-ED. I-67/2167 dated July 29, 1967, and in that regard seek the benefit of the Circular letter No. 9/9/79- FR(2)/143 dated February 19, 1979 and its clarification by Circular, letter No. 8937-5 ED. 1179/2659 dated September 20, 1979.
(3.) The Circular letter dated July 29, 1967 gave effect to the recommendations of the Kothari Commission with effect from November 1, 1966 in respect of teachers in Government Schools. Paragraph 2 of the Circular letter provided:- "2. Lecturers in Higher Secondary Schools, Punjab Institute 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 1st and 2nd Division Master's Degree. Those with 3rd Class Master's Degree will be placed in the grade of Rs. 250-25-400/25-550." It was specified that "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." It was clarified that "the Masters / 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 those 829 additional posts automatically. These posts will be allocated to various subjects keeping. in view the requirements of the educational institutions and the appointments will be made keeping in view, the rules / instructions as amended from time to time." Paragraph 3 stated that "all trained graduates and all other Masters with Post-graduate qualifications, who are not fitted in the scale of Lecturer, will be in the scale of Rs. 220-8-300-10-400/20-500.";


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