Rajendra Nath Mittal, J. - (1.) Briefly, the case of the petitioners is that they are qualified O. T Teachers and have been issued certificates to teach Hindi and Sanskrit in the Secondary Department of Schools with or without English by the Punjab education Department (hereinafter referred to as the Department). The Department issued an Order No. 7/57...6 (1) dated March 5, 1973 that the Classical and Vernacular teachers working in the privately managed schools might be given same number of advance increments as given in the Government Schools. The Classical and Vernacular teachers having Visharad qualifications in the Government Schools were given o advance increments, in view of the aforesaid instructions, the petitioners were given 5 increments in the grade of Rs. 170-350 and their pay was fixed at Rs. 205 with effect from April I, 1972. They were also given all the arrears of pay since then.
(2.) Circular dated March 2, 1976 was issued to the effect: that the petitioners pay be reduced from Rs. 205 to Rs. 191 with effect from April 1, 1972. They filed an appeal to the Director of Public Instruction to consider their case sympathetically but the circular dated March 2, 1976 was confirmed by him. In the circumstances it is prayed that a writ be issued to the respondents prohibiting them from recovering the so called excess money.
(3.) The writ petition has been contested by the respondents who have inter alia pleaded that the Director of Public Instruction issued a letter dated July 11, 1974 that the teachers having qualifications of Visharad and O T. were to be granted 3 advance increments in Rs 170-350 scale, it is alleged that in view of the aforesaid letter, the petitioners were entitled to three advance increments and not 5 advance increments as were allowed by the District Education Officer. As such the two advance increments allowed by the District Education Officer In excess were disallowed by the Circle Education Officer, Jullundur. it is further said that recovery of the over payment of that amount has rightly been ordered to be effected.;