D. S. Tewatia, J. - (1.) In these 23 Rs.P. As. Nos. 9 to if, 22, 23, 26, 27, 29 to 33, 26, 38, 39, 45, 52, 53, 62, 65, 66, 173 and 202 of 1978 which were decided by the learned Single Judge by a common order and five writ petitions Nos. 5818, 6190, 6210, 6217 and 7261 of 1976, common questions of law and fact arise, hence for their disposal a common judgment is proposed.
(2.) The appellants in these L.P. As. and the petitioners in the five writ petitions are teachers (using the expression teacher in generic sense), They are seeking a writ of mandamus directing the State to pay them the Grades. In term of para 2 of Government's notification dated July 29, 1967 which formed annexure P 1 to the writ petitions. The relevant paragraph 2 of he said notification is in the following terras:- "Lecturers in Higher Secondary Schools. Punjab Institute of English and Masters/Mistresses with Post-graduate Qualifications in Highly Higher Secondary Schools will be placed in Rs. 300-25-4 0 25-600 grade provided they have 1st or 2nd Division Masters' Degree. Those with 3rd Class Masters degree will be placed in the grade of Rs 250-25-400- 25-500. The number of posts in Lecturers grade will be 1571 i.e. 742 posts for the existing school lecturers and 829 additional posts for other masters 'mistresses with postgraduate qualifications. The Masters / Mistresses will be eligible to Lecturers' grade only if they have Postgraduate qualifications in the subject of their training No one will be entitled to these 829 additional posts automatically. These posts will be allocated to various subject keeping in view the requirements of the educational instructions and the appointment will be made keeping in view the rules/instructions as amended from time to time."
(3.) It is not in dispute that the petitioners are possessed of the higher qualifications envisaged in the aforesaid paragraph 2 of the notification. The respondent State while implementing the decision contained in paragraph 2 sought to extend the said grade only to such eligible Masters / Mistresses as were found suitable for being accorded the lecturers scale of pay envisaged in paragraph 2 in regard to 829 posts only The demand of the eligible teachers as highlighted by the petitioner before the Court had been that every teacher and in particular every Master and Mistress who improved his or her qualification to the level mentioned in paragraph 2 of the notification in question was entitled to the scale of pay mentioned therein and that it was not open to the State Government to restrict payment of the said pay scale to such eligible teachers who were to be selected for the limited posts of 829 created for the said grade for Masters/Mistresses. In support of the aforesaid submission Mr. M.R. Agnihotri and Mr Jawahar Lal Gupta, who principally addressed the Court on behalf of the appellants and petitioners, in large measure drew upon the ratio of the Supreme Court decision reported as State of Punjab and another Vs. Kirpal Singh Bhatia and others, 1975(2) Services Law Reporter 621 . That was a case in which the question that arose for determination was as to whether all eligible teachers of category 'A' were entitled to the revised pay scale announced by the Punjab Government vide their decision notified on July 23, 1957 (annexure P- l). The relevant portion of annexure P- l that came in for interpretation was paragraph 3 relating to category 'V' of the teachers. The decision of the Government incorporated in Annexure P- l in substance was as under:- "x x x it has been decided that the existing scales of pay of certain categories of posts should, with effect from the 1st May, 1957, be revised as shown in enclosed statement. x x x 3. Teachers In The Education Department:- It has been decided that all the teachers according to their qualifications should be placed in the following two broad categories CATEGORY 'A' B.A. /B. Sc IB. Com / B. Sc (Agriculture) and B.T/ Diploma in Physical Education/Diploma in Senior Basic Training, xxx Teachers in these categories, regardless of men and women cadres, should carry the following scales of pay:- Category 'V : Rs. 110-8190/ 10-2 with a higher start for M A. or M Sc. as at present. The existing percentage of posts fixed by Government for the scales of Rs. 110-8-190/10-2ro and RS. 250-10-300 should remain unchanged at 85 per cent and 15 per cent respectively ";