Sukhdev Singh Kang, J. - (1.) Rattan Lal Sharma and four others who are working as teachers in Cantonment Board Higher Secondary School/Contonment Board Girls High School Jullundur Cantt. have filed this writ petition for issuance of a writ of Mandamus directing the respondents to grant the same pay-scales to the petitioners as are paid to the teachers of the same category in Punjab. It has arisen in the following circumstances :
(2.) The petitioners are working in the two schools which are under the management of Cantonment Board, Jullundur. During the tenure of their service, the petitioners have in proved their qualifications with the permission of the concerned authorities and have obtained Masters degrees in different subjects. They have also obtained diplomas in the field of education. The National Industrial Tribunal. Bombay gave an Award in a dispute between Cantonment Boards and their workmen (Copy Annexure P 3). This award was published as a notification by the Government of India on March 4, 1960. The operative part which is relevant for the purposes of this petition reads as under:- "As to the teaching staff, Doctors and Engineers (above the Overseers grade) they will be entitled to pay and allowances at the same rates as are applicable from time to time to the corresponding categories of employees of similar status serving under the Govt, of the State in which the Cantonment is situated provided that they hold the requisite qualifications laid down by the State Govt. Doctors who are not allowed private practice will be given 25% of the basic pay as non-practising allowance, subject to a minimum of Rs. 75 P. M." Jullundur Cantt. is situated in the territory of State of Punjab. In pursuance of the award of The National Industrial Tribunal, the petitioners being on the teaching staff of the Cantonment Board Schools will be entitled to pay and allowances at the same rate as are applicable from time to time to the corresponding categories of employees of similar status serving under the Punjab Government In compliance with the various decisions of this Court and Supreme Court of India, Punjab Government granted revised grades of Rs. 110-250 w.e.f. 1-5-1957 or from the date, dates of passing the B T IB Ed. or similar qualifications, whichever may later. A circular dated Jan. 29, 1975 to this effect was issued (Copy Annexure P. 1).
(3.) The petitioners claim that since they also possess the above qualifications and have attained even higher qualification They are entitled to the same grades of pay as the Punjab teachers who belong to the same category. The revised grades in Punjab have been given to all the teachers possessing the qualifications mentioned in the circular. Despite repeated requests, respondent No. 1 has refused to accede to the petitioners request to grant them same scales of pay as the teachers in Punjab with similar qualifications. Respondent No. 1 has filed a return to this petition It has been averred there in tint the petitioners have improved their qualifications or not has no relevancy so far as the employment in the Cantonment Board is concerned. No minimum qualification under the contonment Board Rules have been fixed for teachers or for the posts of Masters. It is stated that the Cantonment Board was already giving pay/ grades to the teachers and masters on the Punjab pattern. If the Punjab Government is giving any incentive or ex-gratia monetary benefits to the teachers or masters the Cantonment Board is not bound by the same. The grades of the teachers were revised in the light of the decision of the final Court in State of Punjab Vs. Kir pal Singh, 1975 (2) SLR 621 . The benefits granted by the State of Punjab to its teachers pursuant to Kirpal Singhs case (supra) do not form part of their pay. Those are emoluments given as incentives to the teachers for improving their academic qualifications. It was averred that the conditions of service of the teachers in the service of Cantonment Board are better than those of Punjab Government teachers because the former are entitled to bonus and contributory fund benefit which is not available to the latter. It was asserted that petitioner-Subash Chander possessed the degree of B.A.B. Ed. even before his appointment with the Cantonment Board, similarly, Malkiat Singh petitioner was already B.A.D.P.E. when he joined service with the Cantonment Board. Respondent No. 2 has also filed a short return. He has replied only to Para 7 of the petition and has stated that the latter Annexure P. 1 deals with the grades revision of only those teachers who are in Punjab Government service and does not cover the cases of the teachers of privately managed institutions.;