- (1.) The petitioners, who are 15 in number, possess the qualification of B.A.B.Ed. In fact, some of them even possess the qualification of M.A.B.Ed. Initially, the petitioners were appointed against the posts of J.B.T. teachers in the privately managed schools, which were duly recognised by the State of Punjab and were the recepients of grant-in-aid from the State of Punjab. It is averred in the petition and admitted by the respondent-State that the appointments of the petitioners in the privately managed schools, which were required to be approved by the Education Department of the State of Punjab, were duly approved. The schools were getting grant-in-aid in lieu of those posts from the Stale of Punjab.
(2.) The privately managed schools, where the petitioners were working, were taken over by the Stale of Punjab between the period 1st August, 1974 to 27th December, 1978. For ready reference, the particulars of the petitioners and the schools where they were working and the dates of taking over the schools are given as under: - Sr.No. Name Qualification Name of the school before taken over Date of taken over 1. Smt. Tejinder Kaur B.A. B.Ed. Putlighar Higher Secondary School for Girls Amritsar 1.8.1974 2. Smt. Nirmal Kanta -do- -do- -do- 3. Sh. Dharam Vir -do- Public High School , Mukandpur (Jalandhar) 24.6.76 4. Smt. Parveen Kumari B.A.B.Ed. Public High School Mukandpur (Jalandhar) 24.6.76 5. Smt. Krishna Baldev M.A.B.Ed. -do- -do- 6. Smt. Sonkumari B.A.B.Ed. National High School , Hoshiarpur 15.10.76 7. Smt. Kamlesh Parhar M.A.B.Ed. Rajput High School Bingon , Hoshiarpur 20.10.76 8. Sh. Bikramjit Singh -do - Beet Public High School Guru Bishanpur 28.10.76 9. Sh. Darshan Singh B.A.B.Ed. Frontier Khalsa High School , Naushera Cheema Amritsar 16.11.76 10. Sh. Harbhajan Singh M.A.B.Ed. National High School Lambra Jalandhar 18.2.77 11. Smt. Saroj Bala -do do- do- 12. Smt. Santosh Kathuria B.A.B.Ed. -do- -do- 13. Sh. Ashok Kumar M.A.B.Ed. S.G.S. Khalsa High School , Pathlawa Moranwali 25.2.77 14. Sh. Amrik Singh B.A.B.Ed. Guru Nanak High School , Partabpura Jalandhar 13.1.78 15. Sh. Balwant Singh B.A.B.Ed. Khalsa High School Wadala Banger (Gurdaspur) 27.12.78 While taking over the services of the petitioners by the State Government, fresh appointment letters were issued to them, appointing them as J.B.T. teachers on six months basis, with one day's break, till their candidatures were approved by the Subordinate Services Selection Board/Departmental Committee, and were appointed on regular basis.
(3.) The petitioners filed the present writ petition, claiming two fold reliefs, i.e. (i) they are entitled to be regularised and (ii) they are entitled to the pay scale of Masters in accordance with the Government Circular, dated 23rd July, 1957, copy of which has been attached as Annexure P-5.;