V.K. Jhanji, J. - (1.) BY this judgment, I propose to dispose of Civil Writ Petitions No. 11905 of 1989, 11667 of 1989 and 4515 of 1986.
(2.) PETITIONERS in all these writ petitions are teachers in various schools in the State of Punjab. Their services are governed by Punjab Educational Services Class III School Cadre Rules, 1955, which were in force with effect from 30th May, 1987. Rule 10 states that "members of the service will be entitled to such scales of pay as may be authorised by the Government from time to time, as contained in Appendix "A" against each post". Appendix "A" is appendix to the Rules. Appendix 'A' gives the description of the pay scales as well as designation of the post. Vide instructions dated 23rd July, 1957 (hereinafter referred to as 1957 instructions), the Government of Punjab (hereinafter referred to as the Government) revised the pay scales of the teachers working in the State Education Department. According to the 1957 instructions, they were put into two categories. Teachers according to their qualifications were placed in two categories, i.e. category 'A' and 'B'. The same reads as under: CATEGORY "A"B.A./B.Sc./B.Com/B.Sc. (Agriculture)/and B.T./Diploma in Physical Education/Diploma in Senior Basic Training.CATEGORY "B" Group I : Metric with Basic Training (including JTs). Group II : J.Ts. (including Assistant Mistress with B.A./Inter/; Metric plus J.A.V. Training). Group III : (i) Shastries. (ii) Gianies, Prabhakars, Drawing Masters and Craftsmen Certificate holders. (iii) Munshi Fazil. (iv) S.Ts. including S.Vs with training in Physical Education or Agriculture. Group IV : Untrained teachers with qualifications like B.Com. B.Sc. (Agriculture), etc. Teachers who had the qualifications as mentioned in category 'A', but were working against the posts in category 'B', were aggrieved of not being given the pay scales meant for teachers falling in category 'A'. They approached this Court by way of civil Writ petitions. The matter was finally decided in the Apex Court in a case reported as State of Punjab and Anr. v. Kirpal Singh Bhatia and Ors. : A.I.R. 1976 S.C. 2459. While interpreting the 1957 instructions, the Apex Court held that the teachers would be entitled to the pay scales according to their qualifications. The teachers according to their qualifications were placed in two broad categories, 'A' and 'B'. Thus, those who had degrees of B.A. B.T./B.Ed. became entitled to scales of pay according to category 'A'. The scale of pay was made effective either from the date the teachers would pass the examination of B.T. or its equivalent or from 1st May, 1957, whichever was later. In pursuance of judgment of the Apex Court in Kirpal Singh Bhatia's case (supra), many more teachers working in various schools in the State of Punjab approached this Court by way of writ petitions. In almost, all these writ petitions, the following reliefs were allowed: (i) The Petitioners and other members of their Class (unadjusted B.A. B.T./B.Ed. teachers) shall be appointed to the posts of Masters in the regular cadre to the extent of 25 per cent quota reserved for them for each year in accordance with the memorandum dated November 7, 1958 (Annexure 'B' to the writ petition) and after adjusting them in the cadre their salary and inter se seniority shall be fixed along with the other members of the service in accordance with the service rules, without affecting the rights of the members of the Service who have already been promoted; (ii) The Petitioners are entitled to the higher grade of Masters, Rs. 110 - -250 from the day they acquired the B.T. or B.Ed. degree or with effect from May 1, 1957 whichever is later, and (iii) The Petitioners shall be paid the arrears of pay in the higher grade for a period upto three years and two months prior to the filing of their respective writ petitions in accordance with their entitlement. Subsequently, the JBT teachers who were having qualifications of Gyani or Prabhakar, or its equivalent, also approached this Court by filing writ petitions, contending therein that they are also entitled to the pay scales meant for teachers falling in Group -III of category 'B'. Their contention was accepted and they were held so entitled by this Court in judgment reported as Labh Singh Garcha and Ors. v. The State of Punjab etc., 1970 SLWR 476.
(3.) THE teachers possessing qualification of F.A. and B.A. in addition to qualification meant for J.B.T. teachers, also approached this Court with the grievance that they should be granted the pay scale meant for Group II of category 'B'. Relying upon the 1957 instructions and the judgment of the Apex Court in Kirpal Singh Bhatia's case (supra), they were held entitled to the relief prayed for, by this Court in Nasib Kaur v. State of Punjab, 1988 (4) S.L.R. 301. Petitioners therein were held entitled to be brought into the status of category 'B' of Group -II from the date they acquired the intermediate qualifications. The Government filed a Special Leave Petition against this judgment, but the same was dismissed in limine. The Government accepted the Kothari Commission report in regard to scales of pay. On the basis of this report, pay scales of teachers were revised with effect from 1st November, 1966. The main feature of revision was linking of pay to qualification. On acceptance of Kothari Commission report, the pay scales were revised and the Government had been giving the benefit in pay scales as and when higher qualifications were acquired by the teachers. This state of affairs continued right upto 19th February, 1979, on which date, the Secretary to Government, Education Department, issued an order (hereinafter referred to as the 1979 order) in which it was stated that normally, pay scales of various categories of posts in any department are sanctioned, keeping in view the minimum qualifications required for each category of posts, besides the duties/responsibilities attached thereto. Persons recruited/appointed against any specific category of posts are entitled to the pay scale prescribed thereof. It further states that as the instructions contained in paragraph 3 of letter dated 23rd July, 1957 did not bring out the intention of the Government in unambiguous terms, it resulted in different interpretations, i.e. automatic grant of higher scales of pay on the basis of qualifications irrespective of the number of posts available in the department in that category. In a number of cases, some teachers who were denied such higher grants on their acquiring higher qualifications, sought redress even through judicial pronouncements. Although the Government had to grant the higher scales of pay in such cases in view of the present working of the instructions contained in para 3 of letter dated 23rd July, 1957, yet it was never its intention to undertake the continuing unintended and heavy financial burden that developed on it because of faulty framing of 1957 instructions. The Government thus, sought to do away with the 1957 instructions, - -vide 1979 order as stated in paragraph 3 of that letter, which reads as under: In order to ensure that these unintended and large financial implications do not continue existing in future, the whole matter has been reconsidered by the state Government. As a result of the reconsideration, the Governor of Punjab is pleased to order that henceforth teachers of the Education Department shall not become entitled to be placed in the higher scales of pay in terms of para 3 of the Punjab Government letter No. 5058 -ER -57/5600, dated 23rd July, 1957, automatically on their improving/acquiring higher qualifications during the course of their service. The master and teachers in the Education Department will be placed in the scales of pay of their respective categories to which they are appointed against the sanctioned post and mere possession/acquisition of higher qualifications prescribed for other categories of posts will not entitle them automatically to claim higher pay scales. However, in order to avoid discrimination between teachers who have already been allowed higher scales of pay oh account of having improving their Qualifications and those who have not yet been allowed this benefit, even though they also possess higher qualifications, it is decided that all teachers in the Education Department who have improved their qualifications before the issue of this letter, may be allowed the benefit of higher scales of pay on the basis of their qualifications. This benefit shall not be allowed to those who are appointed or improve their qualifications after the issue of this letter.;