PUNJAB HIGHER QUALIFIED TEACHERS UNION (NON-PETITIONERS) & ORS. versus STATE OF PUNJAB & ORS.

Citation: [1988] 2 S.C.R. 1087 · Decided: 23-02-1988 · Supreme Court of India · Bench: A.P. SEN, B.C. RAY · Disposal: Case Allowed

Judgment (excerpt)

PUNJAB HIGHER QUALIFIED TEACHERS UNION 
(NON-PETITIONERS) & ORS. 
v. 
STATE OF PUNJAB & ORS. 
FEBRUARY 23, 1988 
IA.P. SEN AND B.C. RAY, JJ.] 
) 
Constitution of India, 
1950: Article 14-C/assification for 
purposes of revision of pay-Punjab Educational Services Class Ill 
School Cadre Rules 1955, Rule 10--Graduate teachers falling in Cate-
gory B Group II-Form class by themselves-Cannot be subjected to 
J. ~urther requirement of having JST/JAV training for entitlement to 
f "higher pay scale. 
Punjab Educational Services Class III School Cadre Rules 1955: 
Rule 10 and State Government Circular dated July 23, 1957-Category 
A 
B 
c 
B Group II JBT teachers-Whether entitled to higher pay scale on 
D 
acquiring higher educational qualifications of B.A., B.T./B.A .. 
B. Ed-Expression 'plus JAV training'-Interpretation of. 
The State Government by Circular dated July 23, 1957 directed 
revision of the existing pay scales of various categories of subordinate 
staff including Teachers in the Education Department. Paragraph 3 of 
E 
the said circular provided for revision of pay-scales of Teachers and 
placed them into two distinct categories, Category A and Category B 
and laid down the requirements of academic qualification with respect 
to each of them. Category B was further sub-divided into two groups 
viz: 
\#.Group 
Group 
I- Matric with Basic training (including Junior Teachers). 
II- Junior School Teachers (including Assistant Mistresses 
with BA/lnter/Matric plus JA V training). 
F 
On more occasions than one, this Court intervened on behalf of G 
""-· those Teachers who had ill!proved or acquired higher academic qualifi-
,,.. 
cations and were denied higher scales of pay, and issued directions for 
extending the benefit of para 3 of the aforesaid Circular. 
In compliance with the directions of this Court in Avtar Singh v. 
Manmohan Singh & Anr., the Director of Public Instructions (Schools) 
H 
1087 
J 
1088 
SUPREME COURT REPORTS 
11988] 2 S.C.R. 
A 
by Order dated June 30, 1986 accorded sanction to payment of arrears 
of pay to Teachers belonging to Category B Group I, to 3600 JBT 
Teachers belonging to Category B Group II who had improved their 
educational qualifications and acquired degrees in B.A., B.T.f1'.A., 
B.Sc., B.Ed. etc. Similar relief was however denied to 6,000 other 
Teachers falling in Category B Group II on the ground that they did not 
B 
have requisite professional training of JST/JA V, and were therefore not 
entitled to the higher grade. 
In the Writ Petitions to this Court, by the Matricalate Junior 
Basic Trained Teachers In Governmeiit Schools placed in Category B, 
Group II of the Circular dated July 23, 1957 it was contended that the 
c State Government was bound to grant the benefit of higher grade of pay / 
to all the Teachers belonging to Category B Group II on their improving,~ 
or acquiring higher educational qualifications as and from the respec· 
· 
tive dates of their passing the examination, and that·it was not open to 
the Government on the pretext of verification of claims to confine the 
relief to some of the teachers and deny the same to the others who were 
D 
all similarly situated and recruited in the same manner and appointed 
as Matriculate JBT Teachers and had improved their qualifications by 
acquiring degrees in B.A., B. T. etc., and that the so-called professional 
training i.e. JST /JA V could not be made a condition pre-requisite to the 
grant of higher pay. 
E 
F 
These petitions were contested by the State Government by con· 
tending that the petitioners were not entitled to higher pay merely on 
their acquiring higher educational qualifications as they did not stand 
the eligibility test on verification of their _claims, and that according to 
paragraph 3 of the Circular, all Teachers according to their qualifica· 
tions were placed into two broad categories for purposes of revision of 
pay, Category A consisting of B.A./B.Sc./B.Com./B.Sc. (Agriculture) 
and BT, and Category B of whom Group I was 'Matric with basic \. -< 
training (Including JBT)'. 
~ 
On the question: whether JBT Teachers falling under Category B 
Group II were not entitled to the higher pay merely on their acquiring 
G 
higher Educational Qualifications of B.A., B.T.fB.A., B.Ed. etc. but 
that gaining professional experience of JST /JA V training was essential. 
Allowing the Writ Petitions, 
BELD: 1. Graduate Teachers form a class by themselves and 
H 
cannot be subjected to the further req

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