Rakesh Kumar & Ors. v. State of Punjab & Ors.

HON’BLE MR.JUSTICE SURYA KANT ****

Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: None for the petitioners **** Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioners seek a direction for the grant of revised time pay-scale, Senior Scale and Special Scale on completion of 8/18 years of service, respectively, as have been granted to Hindi/Punjabi Teachers. It may be mentioned here that the petitioners are working as JBT Teachers and the above-stated higher scale(s) are sought by them on acquiring the higher qualification(s). (2). It appears that the issue has been settled by a Division Bench decision dated August 30, 2010 passed by this Court in CWP No.14634 of 2009 (Beant Singh and others v. State of Punjab & Ors.) wherein the vires of Punjab Pay Scale of Teachers Act, 2004 have been upheld but to some CWP No.17193 of 1989.doc - 2 – extent, the benefits/claims have still granted/protected. (3). The writ petition is accordingly disposed of with a direction to the respondents to consider and dispose of the petitioners’ claim in the light of the decision in Beant Singh’s case (supra) by passing a speaking order within a period of six months from the date of receipt of a certified copy of this order and if found entitled, to grant the said benefit to the petitioner(s) from the due date along with consequential notional benefits. (4). Ordered accordingly Dasti.

29.02.2012 vishal shonkar (SURYA KANT) Judge