- (1.) Claiming to be similarly situated as the J.B.T. Teachers, the petitioners who were Nursery Teachers in Chandigarh filed Civil Writ Petition No. 2405 of 1978 praying for the issuance of a direction to the respondents for release of J.B.T. Teacher grade in their favour. The plea of the petitioners was not accepted and the writ Petition was dismissed vide the judgment impugned in this appeal.
(2.) It is submitted that the Single Judge had not taken note of Annexure P/9 by which the respondents themselves had admitted that the nature of duties of the petitioners and J.B.T. Teachers were the same and that the two kinds of teachers had been treated alike. In his letter dated 27.9.80, the Planning Officer for Director Public Instruction, Chandigarh Administration had specifically stated :- "Now on the recommendations of the Second Punjab Pay Commission the pay scale of J.B.T. teachers have been revised to Rs. 480-800 with Selection grade of Rs. 510-940(20%) in Punjab State which has also been adopted by the Chandigarh Administration. However, the pay scale of Nursery Teachers has not been revised which is obvious from the reasons stated above. The concept of pre-primary education is prevalent in the Union Territory, Chandigarh resulting in the operation of Nursery Schools. The Chandigarh Administration has, therefore, appointed Nursery Teachers with the qualifications of Matric with one year training. The Nursery teachers have to perform similar nature of duties as that of J.B.T. teachers. It is also not out of place of mention here that all the employees in the pay scale of Rs. 125-300 have been placed in the revised pay scale of Rs. 480-880 in the Punjab Education Department in view of the facts that the old grade of Nursery Teachers and J.B.T. Teachers was equal and the Nursery Teachers have to perform similar nature of duties as that of the J.B.T. teachers, it is recommended that the grade of Nursery Teachers may also please be revised from Rs. 125-300 to Rs. 480-880 with effect from 1.1.1978 as has been done in the case of J.B.T. teachers."
(3.) When the respondent-authorities had themselves admitted that the petitioners were entitled to alike treatment, there was no justification for the learned Single Judge to have dismissed the writ petition. The plea of the appellants finds support in the judgments in The Employees of Tannery and Footwear Corporation of India Ltd. and another v. Union of India and others, 1991 2 SCT 339 and B.N. Chadrasekhara v. State of Karnataka and another,1980 1 SLR 38. For the foregoing reasons the judgment of the learned single Judge is set aside and a command is issued to the respondents to grant the petitioners the grade of J.B.T. teachers for the period 16.7.1975 to 31.12.1977. The directions issued herein be complied with within a period of two months.;