High Court Punjab-Haryana High Court

Mehar Singh & Ors vs The State Of Punjab & Anr on 11 November, 2009

Punjab-Haryana High Court
Mehar Singh & Ors vs The State Of Punjab & Anr on 11 November, 2009
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH.




                                       Civil Writ Petition No. 7663 of 2001

                            DATE OF DECISION : NOVEMBER 11, 2009




MEHAR SINGH & ORS.

                                                      ....... PETITIONER(S)

                                 VERSUS

THE STATE OF PUNJAB & ANR.

                                                      .... RESPONDENT(S)



CORAM : HON'BLE MR. JUSTICE AJAI LAMBA




PRESENT: Mr. Salil, Advocate, for the petitioner(s).
         Mr. OP Dabla, DAG, Punjab.



AJAI LAMBA, J. (Oral)

This order shall dispose of two petitions viz. CWP 7663 of

2001 (Mehar Singh and others v. The State of Punjab and another) and

CWP 7664 of 2001 (Darshan Singh and others v. The State of Punjab and

another), as common questions of law and fact are involved.

The gist of the claim in both these petitions is for issuance of a

writ in the nature of certiorari quashing Notifications dated 17.2.1989,

3.5.1991, 24.12.1992 and 8.1.1998, placed on record as Annexures P-12, P-
Civil Writ Petition No. 7663 of 2001 2

13, P-14 and P-15, respectively, in CWP 7663 of 2001, and as Annexures

P-14, P-15, P-16 and P-17, respectively, in CWP 7664 of 2001.

The short argument raised by the learned counsel for the

petitioners is that the respondents cannot make a distinction in pay scales

of teachers teaching Punjabi, Hindi, Urdu and Sanskrit languages and Art

and Craft, PTI, MTI, Drawing Masters and Agriculture Teachers. It has

been impressed on the Court that vide Notification dated 17.2.1989, such

a distinction was made while giving additional benefits to the teachers

teaching Punjabi, Hindi, Urdu and Sanskrit languages. The matter was

carried to this Court while challenging Notification dated 17.2.1989.

Considering the issue, this Court, while dealing with CWP 16380 of 1989

(Balbir Singh and others v. State of Punjab etc.) decided on 7.5.2009,

quashed Notification dated 17.2.1989, thereby holding that the

recommendations of the 3rd Pay Commission are required to be accepted

in the facts and circumstances of the case. Even Art and Craft, PTI, MTI,

Drawing Masters and Agriculture Teachers would be entitled to the pay

scale given to Classical and Vernacular Teachers, teaching Punjabi,

Hindi, Urdu and Sanskrit languages.

Learned counsel for the petitioners has further stated that

Notification dated 3.5.1991 was issued in amendment of Notification

dated 17.2.1989. Again, a distinction was made between the two sets of

teachers, as noticed above. Notification dated 3.5.1991 came to be

challenged in a bunch of 4 petitions. While dealing with the main petition

viz. CWP 14264 of 1991 (Harbhajan Singh Dhindsa and others v. The

State of Punjab and another), decided on 9.11.2009, this Court quashed
Civil Writ Petition No. 7663 of 2001 3

both Notifications dated 17.2.1989 and 3.5.1991.

Learned counsel for the petitioners has pointed out that in

these two petitions challenge is not only to Notifications dated 17.2.1989

and 3.5.1991 but also to subsequent Notifications dated 24.12.1992 and

8.1.1998. Learned counsel for the petitioners contends that following the

same ratio, even Notifications dated 24.12.1992 and 8.1.1998 are required

to be quashed.

Considering the facts and circumstances of the case that

Notifications dated 17.2.1989 and 3.5.1991 have been quashed by this

Court while dealing with Balbir Singh’s case (supra) and Harbhajan Singh

Dhindsa’s case (supra), these petitions are disposed of with directions to

the respondents to consider the claim of the petitioners in regard to their

plea in challenge to Notifications dated 24.12.1992 and 8.1.1998. The

respondents would be required to consider the ratio as settled by this

Court while dealing with Balbir Singh’s case (supra) and Harbhajan Singh

Dhindsa’s case (supra), and pass appropriate orders within a period of 5

months of receipt of certified copy of the order.

November 11, 2009                                        ( AJAI LAMBA)
Kang                                                            JUDGE



1. To be referred to the Reporters or not?

2. Whether the judgment should be reported in the Digest?