G.S. Sandhawalia, J. - (1.) PRAYER in the present writ petition is for quashing Annexures P4 & P5, whereby, vide instructions dated 19.02.1979 and 20.09.1979, the benefit of pay according to the qualifications of the teachers working in the Department of Education, Punjab, who were regularly appointed and acquired the qualifications of M.A./M.Sc./M.Ed., prior to 19.02.1979, had been restricted.
(2.) THE writ petition was ordered to be heard along with CWP No. 3099 of 1991 titled Harinder Kaur & others Vs. State of Punjab & another. The said writ petition was dismissed on 02.05.2007, in view of the orders passed in CWP No. 4119 of 1988 titled Sudesh Kumari & others Vs. State of Punjab & others. In the said case, keeping in view the observations of the Division Benches of this Court in The State of Punjab & others Vs. Joga Singh & others, 1996 (2) RSJ 738 and Mangat Ram & others Vs. The State of Haryana & another, 1996 (2) RSJ 365, the writ petitioners therein who were also seeking similar relief on account of having improved their educational qualifications, i.e., after 19.02.1979 had been declined the relief and their writ petitions were dismissed. Reliance can also be placed upon the judgment of the Apex Court passed in Wazir Singh, JBT Teacher & others Vs. The State of Haryana & others : 1996 AIR (SC) 889. Counsel for the petitioner has also placed reliance upon the judgment passed in CWP No. 7862 of 1995 titled Rajinder Singh & others Vs. The State of Punjab & another. Counsel for the State, on the other hand, has relied upon a Division Bench of this Court in Beant Singh Vs. State of Punjab : 2011 LIC 869 to submit that after passing of The Punjab Pay Scale of Teachers Act, 2004, the legislature has rendered ineffective the policy dated 23.07.1957 and dated 19.02.1979.
(3.) ACCORDINGLY , in view of the settled position of law, the present writ petition is also dismissed in view of the decision passed in Sudesh Kumari's case (supra).;