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created Thursday November 25, 10:08 by mahaveer kirar



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The State found it difficult having regard to the prevailing financial position, to extend the benefit of that letter to the much wider section of teachers and so. It issued a circular on 19-2-1979 stating that the teachers of the Education Department would not automatically by entitiled to placement in the higher scales of pay by the mere circumstances of their improving or acquiring higher qualifications in the course of their service. The teachers agitated and wanted a more generous dispensation. This led to the issuance of the letter of 20-2-1979 permitting grant of higher scale from the date of passing of the respective highter examination. It may be pointed out that the State of Haryana had also passed a similar order on 5-9-1979 and this Court in chaman Lal State of Haryana had held that the teachers acquiring B.T. or B.Ed qualification became entitiled to higher pay scale from respective dates of acquiring the qualification.  
There is no diffuculty so far. The question is whether the teachers in the High Schools, on the acquisition of post graduate degree are entitiled  to the scale of pay meant for lecturers. the High Court has denied the same on the ground that the post of Lecturer does not form part of the High School cadre. According to the appellants this is not correct in so far as the State of Punjab is concerned, inasmuch as though the Punjab Educational Service, class 3 School Cadre rules, 1955 when made consisted of Headmasters and Masters only but by Education Department's Notificatin of 9th December, 1969, the post of Lecturers had come to be added in the cadre. (It may be mentioned that this Notification was issued to supersede Notification of 4-7-1969 on the same subject becuase in that Notification the word Lecturers was not mentioned through inadvertence). It is thus clear that the School cadre came to consist of Lecturers also from 1969. In the aforesaid premises the question is whether on acquisition of post graduate qualification the teachers in the High Schools are entitled to the pay scale meant for the Lecturers. To sustain this stand, reliance has been placed on Memo. A perusal of the memo, however shows that it dealt with Masters in the Government Higher Secondary Schools, and not in the High Schools with whose teachers we are concerned in the present appeal.  So the appellants cannot lay their claim on the pay scale meant for Lecturers on the ground.  

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