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V. Ramaswami, C.J.—The reference for decision to the Full Bench in this case related to the admissibility of the claim for reclassification as Group 2 and for payment of higher scale of pay to the teachers in Group 1 of Category B on their acquiring the qualification of a degree of a University with effect from the date of their acquiring the said qualification.
The Government of Punjab before the Reorganization Act, 1966, in their circular letter dated July 23, 1957, directed revision of the pay-scales of various categories of subordinate officers including teachers in the Education Department. Paragraph 3 of this circular placed the teachers in the Education Department into two distinct categories, namely, Category A and Category B and, inter alia, laid down the requirement of academic qualifications with respect to each of these categories. The relevant part of the paragraph reads as follows:-
Teachers in the Education Department: It has been decided that all teachers according to their qualifications should be placed in the following two broad categories:
CATEGORY ''A''
B.A./B.Sc./B. Com/B.Sc. (Agriculture)/and B.T./Diploma in Physical Education/Diploma in Senior Basic Training.
CATEGORY ''B''
Group I-Matric with Basic Training (including Junior Teachers)
Group II-Junior School Teachers (including Assistant Mistresses with B.A./Inter/Matric plus J.A.V. Training)
It is not in dispute that subsequent to the Re-organisation Act, 1966, this circular is applicable to the teachers in the Education Department in the State of Haryana.
The petitioners in this writ petition were appointed as J.B.T. teachers in Haryana Education Department on various dates. Subsequent to their appointment, they acquired the B.A. degree qualification. Before their acquiring this qualification, they were brought under Group 1 Category B and paid salary on that basis on the ground that their qualification was only Matric with basic training. In this writ petition, the petitioners have claimed that they are entitled to be brought in Group 2 and paid the higher salary paid to that Group in accordance with the Government circular on their acquiring the qualification of B.A. This claim was not accepted by the Government on the ground that mere acquisition of a degree is not enough to bring them under Group 2 of Category B and that in addition they should acquire the professional training of JST/JAV. It is this view of the Government that is challenged in the writ petition.
A similar question came up for consideration before the Supreme Court in Punjab Higher Qualified Teachers Union (Non-Petitioners) and others v. State of Punjab 1986 1 SVLR (L) 12. In that case, a group of teachers belonging to Group 1 of Category B filed petitions under Article 32 of the Constitution before the Supreme Court and questioned the orders of the Government refusing them to give the status of Group 2 Category B and higher scale of pay as belonging to that Group on their acquiring the degree qualification and the view of the Government that the eligibility for the claim of Group 2 Category B scales depended not merely upon their acquiring higher educational qualification of B.A. etc but also to having the requisite professional trainings, i.e., JST/JAV training, is not tenable. The argument of the Government in that case was that the later portion of the description in Group 2, namely "plus JS training" qualifies every one of the qualifications referred to earlier, namely. B.A., Inter or Matric and that unless the requisite professional training of JAV is also acquired, they are not eligible to be placed in Group 2. Repelling this contention of the Government, the Supreme Court observed:-
As a matter of plain construction, we are quite clear in our mind that graduate teachers form a class by themselves and cannot be subjected to the further requirement of having JST/JAV training. The words ''plus JSV training'' clearly qualify the word "Matric" and relate only to Matriculate JBT Teachers.
In that view, the Government was directed to give the petitioners the status of Group 2 Category B and also to pay higher scales of pay admissible to teachers in that category from the respective dates of their acquiring the degree qualification. This decision is on all fours and directly covers the point before us. Accordingly, we hold that the petitioners in this case are entitled to be brought in Group 2 of Category B and paid the higher scale of pay admissible to that Group on their acquiring the degree qualification irrespective of whether they gained any professional experience of JST/JAV.
The writ petition is accordingly allowed in the above terms. However, there will be no order as to costs.