TEJINDER SINGH DHINDSA,J. - (1.)Petitioners have filed the instant petition seeking a writ of mandamus directing the respondent-Education Department, State of Punjab, to grant to them the benefits of higher pay scale in accordance with academic qualification they possess.
(2.)It has been pleaded that the petitioners have worked against regular sanctioned posts of S.S. Masters/Mistresses/JBT Teachers etc. under the Punjab Privately Managed Recognised Aided Schools. They possess the requisite qualifications as admissible to the posts that they held and had acquired higher qualifications. Claim of the petitioners is based on the acquisition of higher qualifications in the nature of Post Graduate Degree. It has been averred that the State Government had issued instructions dated 23.07.1957 in which decision had been taken to grant benefit of higher qualifications to the Teachers in the State of Punjab. As per 1957 instructions, those teachers, who were working against the post of S.S. Masters on regular basis and were having Post Graduate Degree to their credit, they were entitled for the scale of pay meant for lecturer. Subsequently, Government issued a letter dated 19.02.1979, whereby, a decision was taken that benefit of higher pay scale will be given to those Teachers who had acquired/improved higher qualifications before 19.02.1979 and as such, benefit was not allowed to those employees who improved their qualifications or were appointed after 19.02.1979.
(3.)It is the case set up on behalf of the petitioners that they had all been appointed before 19.02.1979 and had even improved/acquired higher qualifications before 19.02.1979 and as such there would be no difference between the employees working with the Punjab Government, holding corresponding post and the employees like the petitioners who have worked for Punjab Privately Managed Recognised Aided Schools. It is also the assertion made by counsel representing the petitioners that their claim would be covered in terms of decision dated 02.07.2013 rendered by this Court in a bunch of writ petitions including CWP No.8083 of 1989 titled as Radha Krishan Narang and others v. State of Punjab and others.