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1976 Supreme(SC) 383

M.H.BEG, P.N.SHINGHAL
State Of Punjab – Appellant
Versus
Labhu Ram – Respondent


Advocates:
K.R.NAGARAJA, O.P.Sharma, P.N.PURI, S.K.MEHTA

M.H.BEG, J.

(1) THE State of Punjab has come up by special leave against the judgment of a division bench of the High court of Punjab and Haryana allowing the writ petition of the respondents who, it is admitted by the State, are teachers of the junior vernacular grade working, on the dates on which they filed the writ petition, as "promotees" in the senior verna cular grade temporarily but had not been confirmed there. It appears that the only difference between the junior vernacular cadre and the senior vernacular cadre is that those who teach lower classes were placed in the "junior" cadre and those who teach higher classes were in the "senior vernacular cadre". But, for some reason, working in senior vernacular cadre was considered a promotion. After consideration of the whole position, the two grades were integrated by the government from 1/10/1957, with retrospective effect, under the Punjab Educational Service (Provincialised Cadre) Class III Service Rules, 1961. This meant that the government recognised that both the cadres should be really considered as one and that there were no acceptable grounds for a differentiation. Nevertheless, it appears that


































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