CWP-6863-200 IN THE HIGH COURT OF PUNJAB & HARYANA 843 CWP-6863-2005 Baldev Singh and others vs. State of Punjab and others CWP-8318-2005 Nirmal Singh and others vs. State of Punjab and others CWP-8759-2005 Usha Rani and others vs. State of Punjab and others CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present : Mr. Inayat Khullar, Advocate, for the petitioners in CWP CWP Ms. Alka Chatrath, for the petitioners in CWP Mr. Amarpreet Singh Bains, AAG, Punjab. AMAN CHAUDHARY, J. (ORAL) 1. These cases involve similar issues and therefore, are being disposed of together and for the sake of brevity, the facts 2005. 2. Prayer made in the present petition namely ‘The Punjab Pay Scale of Teachers Act, 2004’ and directing respondents not to withdraw the benefit of higher pay scale as also not recovery. 3. Learned counsel 02.05.2006 whereby the Division Bench while admitting the petition had stayed 2005 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 29.04.2025 2005 (O&M) Baldev Singh and others vs. State of Punjab and others 2005 (O&M) Nirmal Singh and others vs. State of Punjab and others 2005 (O&M) Usha Rani and others vs. State of Punjab and others HON'BLE MR. JUSTICE AMAN CHAUDHARY Mr. Inayat Khullar, Advocate, for the petitioners in CWP-6863-2005 and CWP-8318-2005. Ms. Alka Chatrath, Advocate for the petitioners in CWP-8759-2005. Mr. Amarpreet Singh Bains, AAG, Punjab. ***** AMAN CHAUDHARY, J. (ORAL) These cases involve similar issues and therefore, are being disposed and for the sake of brevity, the facts Prayer made in the present petition namely ‘The Punjab Pay Scale of Teachers Act, 2004’ and directing not to withdraw the benefit of higher pay scale as also not Learned counsel for the petitioners 02.05.2006 whereby the Division Bench while admitting the petition had stayed - 1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 29.04.2025 Baldev Singh and others vs. State of Punjab and others Nirmal Singh and others vs. State of Punjab and others Usha Rani and others vs. State of Punjab and others HON'BLE MR. JUSTICE AMAN CHAUDHARY 2005 and 2005. Mr. Amarpreet Singh Bains, AAG, Punjab. These cases involve similar issues and therefore, are being disposed and for the sake of brevity, the facts are being taken from CWP-6863 Prayer made in the present petition is for quashing the impugned Act namely ‘The Punjab Pay Scale of Teachers Act, 2004’ and directing the not to withdraw the benefit of higher pay scale as also not to effect the for the petitioners refer to the order dated 02.05.2006 whereby the Division Bench while admitting the petition had stayed These cases involve similar issues and therefore, are being disposed 6863- for quashing the impugned Act the the order dated 02.05.2006 whereby the Division Bench while admitting the petition had stayed PARVEEN KUMAR 2025.04.30 14:53 I attest to the accuracy and integrity of this order/judgment. CWP-6863-200 the recovery and they restrict the prayer only to that extent and disposal of the petitions in terms of the Punjab and others, learned State counsel, despite best efforts, the same, which reads 4. The present petition (supra). 2005 (O&M) and they restrict the prayer only to that extent and disposal of the in terms of the judgment in Brij Lal Saldi and others vs. State of Punjab and others, SLP(C) No.15433/2013, decided on 12.03.2024, which learned State counsel, despite best efforts, was unable to resist by distinguishing the same, which reads thus:- “1. The issue relates to change in pay of employees of the State of Punjab, who had previously worked as Junior Basic Teachers in the Education Department. Previously, under the relevant rules, the employees used to receive pay according to the qualifications they possessed. However, the State Legislature enacted a law which removed the distinction in salary based on educational qualification. Section 3 of the Punjab Scales Teachers Act, 2004 is as follows: “3. Grant of pay scales as per rules and notif Notwithstanding anything contained in any instruction, rule or other law for the time being in force and any judgment, decree, order or decision of any Court, Tribunal or Authority, the teachers shall be entitled only to the pay scales of the pos granted under the Punjab Civil Services (Revised Pay) Rules, 1988, read with Finance Department Notification No. 10/3/89-FPI/953, dated the 20th January, 1989 and the State Government Notification No. 11/64/87 2Edu.6/666, dated the 17th February, 1989, irrespective of their qualifications with effect from the 1st day of January, 1986, and nothing more than that shall be payable to them.” 2. The above referred statutory provision extends the operation of the 1986 Act with effect view of the retrospective operation of the Act, pay scales will now be based on posts held by them from 01.01.1986. Petitioners have, however, expressed their concern about recovery of excess pay that they have received. 3. Mr. Shadan Farasat, learned counsel appearing on behalf of the State of Punjab submits that the State is not intending to recoverthe difference of higher salary paid to the appellants. 4. In view of the clarification of Mr. Shadan Farasat, AAG, nothing more remains for consideration. Having noted the submission, we dispose of the special leave petition. Pending application(s), if any, shall also stand disposed of.” The present petitions are disposed - 2- and they restrict the prayer only to that extent and disposal of the Brij Lal Saldi and others vs. State of SLP(C) No.15433/2013, decided on 12.03.2024, which was unable to resist by distinguishing 1. The issue relates to change in pay of employees of the State of Punjab, who had previously worked as Junior Basic Teachers in the Education Department. Previously, under the relevant rules, the employees used to receive pay according to ations they possessed. However, the State Legislature enacted a law which removed the distinction in salary based on educational qualification. Section 3 of the Punjab Scales Teachers Act, 2004 is as follows: Grant of pay scales as per rules and notifications Notwithstanding anything contained in any instruction, rule or other law for the time being in force and any judgment, decree, order or decision of any Court, Tribunal or Authority, the teachers shall be entitled only to the pay scales of the posts held by them, which were granted under the Punjab Civil Services (Revised Pay) Rules, 1988, read with Finance Department Notification FPI/953, dated the 20th January, 1989 and the State Government Notification No. 11/64/87 the 17th February, 1989, irrespective of their qualifications with effect from the 1st day of January, 1986, and nothing more than that shall be The above referred statutory provision extends the operation of the 1986 Act with effect from 01.01.1986. In view of the retrospective operation of the Act, pay scales will now be based on posts held by them from 01.01.1986. Petitioners have, however, expressed their concern about recovery of excess pay that they have received. Farasat, learned counsel appearing on behalf of the State of Punjab submits that the State is not intending to recoverthe difference of higher salary paid to the appellants. In view of the clarification of Mr. Shadan Farasat, AAG, s for consideration. Having noted the submission, we dispose of the special leave petition. Pending application(s), if any, shall also stand disposed of.” disposed of in terms of Brij Lal Saldi and they restrict the prayer only to that extent and disposal of the Brij Lal Saldi and others vs. State of SLP(C) No.15433/2013, decided on 12.03.2024, which was unable to resist by distinguishing 1. The issue relates to change in pay of employees of the State of Punjab, who had previously worked as Junior Basic Teachers in the Education Department. Previously, under the relevant rules, the employees used to receive pay according to ations they possessed. However, the State Legislature enacted a law which removed the distinction in salary based on educational qualification. Section 3 of the ications- Notwithstanding anything contained in any instruction, rule or other law for the time being in force and any judgment, decree, order or decision of any Court, Tribunal or Authority, the teachers shall be entitled only ts held by them, which were granted under the Punjab Civil Services (Revised Pay) Rules, 1988, read with Finance Department Notification FPI/953, dated the 20th January, 1989 and the State Government Notification No. 11/64/87- the 17th February, 1989, irrespective of their qualifications with effect from the 1st day of January, 1986, and nothing more than that shall be The above referred statutory provision extends the from 01.01.1986. In view of the retrospective operation of the Act, pay scales will now be based on posts held by them from 01.01.1986. Petitioners have, however, expressed their concern about Farasat, learned counsel appearing on behalf of the State of Punjab submits that the State is not intending to recoverthe difference of higher salary paid to the appellants. In view of the clarification of Mr. Shadan Farasat, AAG, s for consideration. Having noted the Brij Lal Saldi PARVEEN KUMAR 2025.04.30 14:53 I attest to the accuracy and integrity of this order/judgment. CWP-6863-200 5. Photocopy of 29.04.2025 parveen kumar Whether speaking/reasoned Whether reportable 2005 (O&M) Photocopy of this order be placed on the connected files. Whether speaking/reasoned : Yes / No Whether reportable : Yes / No - 3- this order be placed on the connected files. (AMAN CHAUDHARY) JUDGE Yes / No Yes / No PARVEEN KUMAR 2025.04.30 14:53 I attest to the accuracy and integrity of this order/judgment.