R.K.AGRAWAL, J. - (1.) The above appeal has been filed against the impugned common judgment and order dated 23.05.2006 passed by the High Court of Punjab and Haryana at Chandigarh in L.P.A. No. 66 of 2006 in CWP No. 10928 of 2003 and L.P.A. No. 67 of 2006 in CWP No. 7527 of 1995 whereby the Division Bench while dismissing the appeals filed by the appellants herein upheld the order dated 27.04.2005 passed by learned single Judge of the High Court in CWP Nos. 10928 of 2003 and 7527 of 1995.
(2.) Brief facts: a. The Senior Vocational Staff Masters Association-the respondent Association represents the Vocational Masters in the State of Punjab appointed during the years 1975, 1982, 1983 and thereafter. The respondents were appointed on their respective posts by the State of Punjab in the year 1975 on ad-hoc basis. In the year 1978, the Punjab Public Service Commission advertised 132 posts of Vocational Masters to be filled up by way of regular appointment. These posts were to be filled up under the Punjab School Education (PSE) Class III (School Cadre) Rules. The minimum educational qualification for the posts of Vocational Masters was degree or post graduation except very few courses where the educational qualification was Diploma under the advertisement. b. In the year 1992-93, the State Government decided to revise the minimum qualification for being appointed as vocational masters and Diploma was provided as the minimum educational qualification in place of Degree for some courses. Due to revision, there were two classes of Vocational Masters in the State, viz., Diploma holder vocational masters and degree holder vocational masters or post-graduate vocational masters. The State Government, taking note of the fact that the unequals are 2 being treated as equals due to the revision in qualification, vide Notification dated 31.03.1995, re-designated degree holder vocational masters and post-graduate vocational masters as vocational lecturers with the rider that their present responsibilities and financial matters will have no change. It is also pertinent to mention here that Diploma holder vocational masters were also provided an opportunity to re-designate as vocational lecturers as and when they acquire the degree or post-graduate qualification. c. The said notification dated 31.03.1995 was challenged before the High Court in CWP No. 7527 of 1995 by the remaining Vocational Masters for a direction to the appellants to grant the designation of Vocational Lecturers to all the Vocational Masters in the State of Punjab. During the pendency of the said writ petition, the State Government made rules to amend the Punjab State Education Class III (School Cadre) Service Rules, 1978 prescribing separate qualification for vocational masters and vocational lecturers. d. On the onset of 4th Punjab Pay Commission, the Commission had not treated Vocational Masters separate from Masters of General Studies and the Vocational Lecturers from the Lecturers of General Studies and merged the Vocational Masters with that of the School Masters and Vocational Lecturers with School Lecturers by amendment, viz., Punjab Civil Services (revised pay)(first amendment) Rules, 1998 wherein School Lecturers were granted the pay scale of Rs. 6,400-10,640/- and School Masters were given the pay scale of Rs. 5,800-9,200/-. It is pertinent to mention here that earlier the Vocational Masters and Vocational Lecturers were given the same pay scales. e. The respondents herein, being aggrieved by the disparity in pay scales granted by the 4th Pay Commission, approached the State Government claiming that they should be granted pay scales at par with the Lecturers. Vide Notification dated 07.11.2002, the Government of Punjab, Department of Education clarified that "the Vocational Masters appointed on or after 08.07.1995 neither can be designated as Vocational Lecturers based upon the educational qualification nor the revised scale of Rs. 6,400-10,640/- in place of Rs. 5,800-9,200/- be granted to them with effect from 01.01.1996. In other words, the benefit of higher scale will be admissible to those who were in service prior to 08.07.1995". Vide a subsequent notification dated 16.05.2003, the State Government reiterated the stand taken in the Notification dated 07.11.2002 and also sought for strict compliance of the same. f. The Government of Punjab, Department of Education, vide Notification dated 16.07.2003, cancelled the Notifications dated 07.11.2002 and 16.05.2003 clarifying the position that only those Vocational Masters who were appointed prior to 08.07.1995 and those who acquired the qualification of post-graduate or degree in engineering by 08.07.1995 would be eligible for scale of pay of Rs. 6,400-10,640/- with effect from 01.01.1996 and also issued a direction to recover the excess amount being paid to any ineligible vocational master on the basis of the earlier Notifications. g. Being aggrieved by the Notification dated 16.07.2003, the respondents herein preferred CWP No. 10928 of 2003 before the High Court. Learned single Judge of the High Court, vide a common judgment and order dated 27.04.2005 in CWP Nos. 10928 of 2003 and 7527 of 1995, quashed the Notification dated 16.07.2003 and directed the State Government to give the benefit of Notification dated 31.03.1995 to all the Vocational Masters recruited prior to 08.07.1995. h. Aggrieved by the order dated 27.04.2005, the State Government preferred L.P.A. No. 66 of 2006 in CWP No. 10928 of 2003 and L.P.A. No. 67 of 2006 in CWP No. 7527 of 1995 before the High Court. The Division Bench of the High Court, vide 5 common judgment and order dated 23.05.2006, dismissed the appeals filed by the appellants herein. i. Aggrieved by the order dated 23.05.2006, the appellants have preferred this appeal by way of special leave.
(3.) Heard the arguments advanced by Mr. Karan Bharihoke, learned counsel for the appellants and Mr. Neeraj Kumar Jain and Mr. Nidhesh Gupta, learned senior counsel for the respective respondents and perused the records. Point(s) for consideration:-;