I.S. Tiwana, J. - (1.) The petitioner who admittedly was appointed as an untrained Drawing Teacher in the year 1956 and continued to be so right upto the year 1971 when the pay scales of the teachers in the Classical and Vernacular Cadre, which included Petitioner Respondents Pb. with Mr. the Drawing Teachers also, were revised, impugns the action of the respondent authorities in not fixing his pay in accordance with the revised pay scale on the plea that he was not eligible to be treated as a Drawing Teacher in view of the 1962 Rules and thus could not be treated as a part of the Classical and Vernacular Teachers Cadre. Rather the stand of these authorities now in the written statement is that the petitioner belongs to the J.B.T. Cadre as according to them he is possessing the qualifications of J.B.T. Teacher. This, however, is not disputed that as per the instructions of the State Government dated Nov. 22, 1978 (Annexure P.7), all untrained teachers in the Classical and Vernacular Cadre have to be granted the running grade of pay of that cadre with effect from the date of their initial appointment and even the arrers of pay worked out on that basis have to be paid to them.
(2.) Having heard the learned counsel for the parties I find no merit in the stand of the respondent authorities. As already pointed out, the whole plea of theirs that since the petitioner is not eligible to be appointed as a Drawing Teacher in view of the 1962 Rules his having not passed the Matriculation Examination with a Drawing Certificate, he cannot be treated as a part and parcel of the Classical and Vernacular Cadre, is fallacious. The petitioner had been appointed to this cadre, though as an untrained teacher, in the year 1956, i.e, much earlier to the enforcement of the above noted rules. Thus the eligibility of the petitioner to be a member of this cadre being a Drawing Teacher cannot be judged under the above noted rules. It is not disputed that in case these rules have not to apply to the case of the petitioner to the above noted extend, then he having been a Drawing Teacher right from 1956, was a part of Classical and Vernacular Teachers Cadre and has to be paid in accordance with the pay scale admissible to that cadre. His being an untrained teacher also does not in any was disable or disentitle him to that pay scale in the light of the Government instruction, Annexure P.7 referred to above.
(3.) In the light of the discussion above, I allow this petition and direct the respondent authorities to treat the petitioner as a member of the Classical and Vernacular Teachers Cadre and-to pay him according to the pay scale admissible to that cadre. The arrears, if any are due to him, be paid to him within a period of four months from today. I, however, pass no order as to costs. Petition allowed.;