Punjab-Haryana High Court
Radha Krishan Narang And Others vs State Of Punjab Through Secretary ... on 2 July, 2013
Author: K. Kannan
Bench: K. Kannan
C.W.P. No.8083 of 1989 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P. No.8083 of 1989
Date of Decision.02.07.2013
Radha Krishan Narang and others .....Petitioners
Versus
State of Punjab through Secretary Education, Punjab, Chandigarh and
others .......Respondents
2. C.W.P. No.16335 of 1989
Kanwal Dass and others .....Petitioners
Versus
State of Punjab through Secretary Education, Punjab, Chandigarh and
others .......Respondents
Present: Mr. Rakesh Sobti, Advocate
for the petitioners.
Mr. P.S. Bajwa, DAG, Punjab.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ? No
2. To be referred to the Reporters or not ? No
3. Whether the judgment should be reported in the Digest? No
-.-
K. KANNAN J.(ORAL)
1. The prayer in the writ petition is that the petitioners who are all B.T. Teachers are entitled to higher scales on their acquiring Post Graduate qualification on the scales of Lecturers in terms of the notification issued in the year 1957 in terms of the law laid down by the Supreme Court in Chaman Lal vs. State of Haryana AIR 1987 SC 1621. The case was directed to be heard along with C.W.P. No.3638 of 1989 and 8923 of 1988 and other connected writ petitions. The counsel for the petitioners states that he does not know the manner of disposal of C.W.P. No.8083 of 1989 -2- the above two cases. However, he relies on a subsequent judgment of the Supreme Court in Baij Nath and others Vs. The State of Punjab and another in Civil Appeal No.4544 of 1996 disposed of by the Supreme Court on 09.03.1996. Learned counsel for the State pleads that he has not the relevant papers to say whether there has been any different view expressed on this point to disallow the prayers sought in the writ petitions.
2. As of now, on the judgments cited by the counsel for the petitioners in Baij Nath's case, the petitioners would be entitled to the higher scales of pay in the manner as it was granted in the above cases. I will find no reason to defer the case for adjudication further in view of the judgment of the Supreme Court. The petitiones are entitled to the higher scales in terms of the notification and in terms of the law laid down. The State is bound to make a proper reckoning on the scales applicable to them from the date when they acquired the higher qualification and not earlier than 38 months from the filing of petitions and pay to them the arrears within a period of 12 weeks from the date of receipt of copy of this order. The respondent-State is at liberty to approach this Court for any modification if there has been any change in law to what has been laid down in Chaman Lal's case and Baij Nath's case referred to above.
3. The writ petitions are allowed on the above terms.
(K. KANNAN) JUDGE July 02, 2012 Pankaj*