Prem Chand Jain, J. - (1.) This judgment of ours would dispose of C. W. P. No. 4167 of 1979, filed by Bharpur Kaur against the Director of Public Instruction, Punjab and others; and C. W. P. No. 4363 of 1979 filed by Gulsher Singh and others against State of Punjab and others. As arguments were advanced in Gulsher Singh's case, hence in order to appreciate the contentions raised before us, the facts of that case are being narrated which read as under:-
(2.) The petitioners, who are members of Punjab Education Class 111 Service, which is governed by the statutory Services Rules, called "The Punjab Education Service (Class III) School Cadre Rules, 1955 (hereinafter called as the 1955 Rules), are working as Lecturers in the Education Department of the State of Punjab. In order to effect qualitative improvement in the teaching standards of Higher Secondary schools, the Punjab State created the posts of Lecturers in Class III Cadre and only those persons possessing the qualifications of M. A. were eligible to be appointed to the posts of Lecturers. The petitioners had been selected by the Punjab Public Service Commission against 681 posts of Masters/Mistresses (which were designated later on as Lecturers). After the selection, recommendations regarding the men petitioners were made by the Commission to the Government for appointments as Mathematics Lecturers, on 19th of Dec., 1963, while out of the three lady - petitioners, recommendation regarding Smt. Nirmal Kanta (English) was sent to the Government on 17th of Feb., 1964 and recommendations regarding the other two lady - petitioners (Geography) were sent on 4th of Dec., 1963 Recommendations regarding respondents Nos. 3 to 85, who had also been selected by the Commission, were sent for appointment to the Government on various dates during the months of Nov., 1963 to June, 1964.
(3.) The appointment orders, so far as the men petitioners are concerned, were issued on 8th of April, 1964. The men petitioners belong to the subject of Mathematics. Appointment letters of the two lady - lecturers (Geography) were issued in Feb. 1964 whereas Smt. Nirmal Kanta (English) was given the appointment order in April, 1964. It may be stated at this stage that although one advertisement was issued for recruitment to 681 posts, but interviews were held separately subject - wise and separate selections (subject - wise) were made by the Commission on various dates in the year 1963 - 64. It is further stated that the recommendations regarding Punjabi Lecturers and Economics Lecturers were sent by the Commission on 6th Jan., 1964 and 3rd of Feb., 1964 Most of the private respondents are either Punjabi, Economics or English Lecturers. The English Lecturers were recommended by the Commission on 17th of Feb., 1964 and they were given appointment orders on 8th of April, 1964. After the receipt of appointment orders, the petitioners and respondents Nos. 3 to 85 joined service in their respective schools in various towns on different dates. The appointment orders to some of the respondents were given with immediate effect as they were being posted in the same schools where they were already working whereas the petitioners and some other respondents had to join at far of places.;