JUDGMENT

PATHAK, J. :—The appellants, in these appeals by special leave, are aggrieved by the judgment of a Division Bench of the High Court of Punjab and Haryana affirming the dismissal of their writ petitions by a learned Single Judge of that Court.

2. The appellants are teachers in the service of the State of Punjab. They claim the grades prescribed in paragraph 2 of the Government Circular letter No. 2036-ED. I-67/2167 dated July 29, 1967, and in that regard seek the benefit of the Circular letter No. 9/9/79- FR(2)/143 dated February 19, 1979 and its clarification by Circular, letter No. 8937-5 ED. 1179/2659 dated September 20, 1979.

3. The Circular letter dated July 29, 1967 gave effect to the recommendations of the Kothari Commission with effect from November 1, 1966 in respect of teachers in Government Schools. Paragraph 2 of the Circular letter provided :-

"2. Lecturers in Higher Secondary Schools, Punjab Institute of English and Masters / Mistresses with Post-graduate qualifications in High / Higher Secondary Schools will be placed in Rs. 300-25- 450/25-600 grade provided they have 1st and 2nd Division Masters Degree. Those with 3rd Class Masters Degree will be placed in the grade of Rs. 250-25-400/25-550."

It was specified that "the number of posts in Lecturers grade will be 1571 i. e. 742 posts for the existing school Lecturers and 829 additional posts for other Masters / Mistresses with Post-graduate qualifications." It was clarified that "the Masters / Mistresses will be eligible to Lecturers grade only if they have Post-graduate qualifications in the subject of their teaching. No one will be entitled to those 829 additional posts automatically. These posts will be allocated to various subjects keeping. in view the requirements of the educational institutions and the appointments will be made keeping in view, the rules / instructions as amended from time to time." Paragraph 3 stated that "all trained graduates and all other Masters with Post-graduate qualifications, who are not fitted in the scale of Lecturer, will be in the scale of Rs. 220-8-300-10-400/20-500."

4. It is apparent that paragraph 2 of the Circular letter dated July 29, 1967 is concerned essentially with providing for a. Lecturers Grade :

(1) It was intended to have 1571 posts in the Lecturers grade, consisting of posts for the existing Lecturers and another 829 posts for Masters or Mistresses. Masters or Mistresses were eligible for those posts in the Lecturers grade only if they possessed Post-graduate qualifications in the subject of their teaching. Those who did not satisfy that criterion were not eligible for those posts. Moreover, no one was entitled to any of the 829 additional posts automatically. The additional posts were to be distributed with reference to different subjects, and the distribution would be made having regard to the requirements of the educational institutions and subject to the rules and instructions currently in force.

(2) Existing Lecturers and Masters or Mistresses with Post-graduate qualifications, who possessed a Masters degree in the first or second division, would be entitled to the grade of Rs. 300-25-450/25-600. Lecturers and Masters or Mistresses with Post-graduate qualifications who possessed a Masters degrees in the third division would be entitled to the grade of Rs. 250-25-400/25-550.

5. The appellants say that they are employed as Masters and Mistresses in High and Higher Secondary Schools run by the Punjab Government and possess an M. A. or M. Sc. or B. T. or B. Ed. degree and some of them have even acquired an M. Ed. degree. They are presently paid according to the pay scale. Rs. 220-500. They claim that they are entitled to either of the higher grades set forth in paragraph 2 of the Circular letter dated July 29, 1967. From what has gone before it is clear that they can legitimately claim the benefit of those grades only if they are appointed to the posts of Lecturer. And they do not dispute that they are not inc