Before October 1, 1957, in the State of Punjab excluding the territory of the Patiently and East Punjab States Union which had merged with the State on reorganisation of the States on November 1, 1956 there were two sets of schools maintained by the District and Municipal Boards and schools maintained by the State.
The respondent jogendra Singh who was a District Board junior Vernacular teacher addressed a memorandum to the Government of the State that the bifurcation of the junior vernacular teachers into two categories was unnatural and put the teachers from the provincialised schools to a great disadvantage and that the treatment being discriminatory was wholly illegal, unreasonable and invalid and offended Art.
B. Agarwala and A. N. Goyal, for the respondent, 1962.
it is from this judgment that the State has preferred this appeal with special leave.
in the provincialised cadre minus those created on the State Cadre will be utilized for the promotion of teachers on the provincialised Cadre from lower to higher grades.
The arguments in support of the challenge to the validity of these rules companyld briefly be formulated thus On the provincialisation of the District Board and the Municipal Board Schools on and from October 1, 1957, all the teachers theretofore serving in these schools became the employees of the State.
in the Provincialised Cadre, will be transferred to the State Cadre.
K. Daphtary, Solicitor General of India, L. D. Kaushal, Additional Advocate General, Punjab, N. S. Bindra and R. H. Dhebar, for the appellant.
By letters dated January 27, 1960, from the Secretary, Education Department, the Director of Public Instructions was informed that it had been decided, inter alia, that the staff of provincialised schools and the erstwhile Government schools will be kept in separate cadres.
The number of schools to be taken over and the posts to be created in respect of the teaching and other staff in the various grades were set out in paragraph 2 of the scheme.
Appeal by special leave from the judgment and order dated October 3, 1961, of the Punjab High Court, Chandigarh in Civil Writ Petition No.
On July 23, 1957, the Government of the State of Punjab issued a scheme of revision of scales of pay of low paid public servants.
It was also stated that the two separate cadres will be known as State Cadre and Provincialised Cadre.
All the vacancies arising out of the numbermal incidence of retirements, promotions, etc.
On September 27, 1957, the Government of the State of Punjab issued a Notification c provincialising all District Board and Municipal Board schools with effect from October 1, 1957, and took over the management of those schools.
All new entrants into service after the date of provincialisation will be deemed to have joined the ranks of the staff of erstwhile Govern ment schools.
The Government of Punjab thereafter appointed a Committee for framing rules for fixing inter State seniority of the provincialised teachers and the State Schools teachers, the terms of pension and other allied matters.
The judgment of Sinha, C. I., Wanchoo and Ayyangar, JJ.,
By an Executive instruction dated September 27, 1957, to be effective from October 1, 1957 , in the form of a companymunication from the Secretary to the Education Department of the State to the Director of Public Instruction, a. change was made in the terms and companyditions of service of teachers in the District Board and Municipal Board Schools.
November 16.
The petition by the respondent before the High Court was therefore companyverted into one challenging the companystitutional validity of the Rules of February, 1961 instead of the government companymunication of January 1960.
388 of 1962.
By paragraph 3 which applied to employees in the Education Department it was directed that all teachers according to their qualifications be placed in two broad categories category A and Category B. Teachers in Category Bwere divided into three classes, Lower Rs.
These rules were entitled The Punjab Educational Service Class III School Cadre Rules, 1955.
The points in companytroversy in this appeal turn on the precise changes which were effected in the status and companyditions of service of teachers like the respondent employed in District Board and Municipal Board Schools by certain executive instructions issued by the Punjab Government in September 1957, to take effect from October 1, 1957, by reason of which these teachers became State employees, but before proceeding to the details of these changes, it would be companytinent to set out the position and companyditions of service of teachers employed in State schools which prevailed on that date, At that date teachers in State employ were governed by rules framed under Art.
The provincialised staff cadre would be a companytinuously diminishing cadre and would in companyrse of time companypletely vanish leaving in the field only one cadre i.e. the cadre of Government staff.
16 1 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Middle Rs.
There would be numberadministrative difficulty with regard to the transfers of teachers borne on both the cadres from one school to the other irrespective of the fact whether it is a provincialised school or a Government school, inasmuch as the two cadres would be separate only for the purpose of future promotions.
That judgment was rendered in a petition under Art.
School in District Hoshiarpur.
Certain facts have to be stated in order to appreciate both the manner in which the question was raised as well as the decision of the learned judges number under appeal.
was delivered by Shah,J. AYYANGAR, J. This is an appeal by.
120 5 175, and Upper Rs.
309 but were otherwise in the same terms as and operated in the same manner and from the same date as the impugned directions of January 1960.
The respondent was before October 1, 1957, working as a Junior vernacular teacher in a District Board High.
Jogendra Siwngh and by their order allowing the said petition in part, the learned judges struck down r. 2 d e and a part of r. 3 of the Punjab Educational Service Provincialised cadre Class III Rules 1961, which for companyvenience we shall call the impugned Rules, on the ground that those clauses were violative of the rights guaranteed by Art.
309 of the Constitution which had been promulgated on May 30, 1957.
226 of the Constitution filed by the respondent Jogendra Singh.
On the date when they attained this status there were teachers in schools run by the State who were governed by the rules published in May, 1957, with the scales of pay and grades revised under the orders of July 23, 1957.
special leave against the judgment of the High Court of Punjab dated October 3, 1961.
was delivered by Ayyangar J. The Judgment of Subba Rao and Shah, JJ.,
1559 of 1960.
These were the rules governing the category called junior teachers in the State Cadre on October 1, 1957.
60 4 8O/5 100/5120.
14 Art.
That, however, is number a ground on which we may be justified in refusing to companysider the appeal on the merits as submitted by companynsel for the State.
This government order further directed Fifteen per cent of teachers in this group should straightaway be promoted to the middle class by selection based on seniority and merit while the rest should be given the lower scale.
The number of posts in the higher grades released as a result of retirements, promotions etc.
