Judgement

BACHAWAT, J. : These two connected appeals raise a common question of construction of Rule 6 of the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961. Before October 1, 1957, Dharam Singh and Dev Raj, the respondents to these appeals, were junior teachers in District Board Schools. The District Board schools were provincialised, and the services of the respondents were taken over by the Punjab State with effect from October 1, 1957 in pursuance of a scheme of provincialisation of Local Bodies schools in the State. On February 13, 1961, the Governor of Punjab in exercise of the powers conferred by the proviso to Article 309 of the Constitution framed the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961 regulating the conditions of service of the teaching staff taken over by the State Government from the local authorities. Rule 1 provides that the rules will be deemed to have come into force with effect from October 1, 1957. Rule 3 created the Punjab Educational (Provincialised Cadre) Class III Services consisting of the posts shown in Appendix A. It is common case that the posts held by the respondents are included in Appendix A