I.S. Tiwana, J. - (1.) The petitioner who was a graduate with Diploma is Physical Education (D.P.E.), was appointed as Physical Training Instructor (P. T. I.) in the grade of Rs. 50-100 on March 29, 1956. This grade of the petitioner was, however, revised to Rs. 105-7-140 with retrospective effect, that is, from March 29, 1956, the date of his appointment. Though these qualifications made the petitioner eligible to be appointed as Physical Training Master (P.T.M.) yet he was not placed in that cadre.
(2.) On July 23, 1957, the State Government vide its memo No. 5058-FR-11-57/5600 (Annexure P. 1 to the Petition) ordered that the existing scales of pay of certain categories of posts which included that of the petitioner, be revised with effect from May 1, 1957 on the basis of the qualifications of the incumbents. As per this instruction, the teachers in the Punjab Education Department were to be placed in two categories, that is, categories 'A' and 'B' specified therein, and the pay scale to which the petitioner becomes entitled is that of Category 'A' It is to enforce this claim that the present petition has been filed.
(3.) The stand of the respondent State, however, is that since the petitioner was appointed to the post of a P. T. I. prior to the date of issuance of this instruction (Annexure P. 1), he cannot be given the grade of a D. P. E. The reason for this is neither disclosed nor can it be said to be the interpretation of Annexure P. 1. The whole concentration in Annexure P. 1 is only on two factors, that is, the qualification of an incumbent and the pay - scale in which he has been placed or is to be placed. This letter does not talk of the date of appointment at all. I am thus convinced that in view of this instruction, Annexure P. l, the petitioner is entitled to the pay-scale-meant for Category 'A'. In this view of mine I am further supported by an earlier judgment of this Court in Civil Writ Petition No. 2063 of 1963 (Datar Singh Vs. The Punjab State and others) decided on Dec. 1, 1967. This judgment is Annexure P. 4 to the petition. I am, therefore, clearly of the view that the petitioner should be placed in Category 'A' as specified in Annexure P. 1 for purposes of the grant of pay-scale of a D. P. B. He would also be entitled to the arrears of pay on the basis of this scale for three years and two months prior to the date of filing of this petition.;